Verdicts / Settlements
Personal Injury / Bad Faith — Car Crash
CONFIDENTIAL SETTLEMENT AFTER TRIAL - $15 million
Summary:
David J. Glatthorn acted as co-counsel in a case that involved a $15 million jury award for a female passenger left brain-damaged and comatose in a high-speed collision. The award is being used to provide lifetime care for the plaintiff.
Case Detail:
Both vehicles carried limited insurance coverage: $100,000 for the car driven by the plaintiff’s friend and only $250,000 in coverage for the other car. But while her friend’s insurance company tendered its $100,000 to the plaintiff’s mother within two weeks of the accident, the insurance company for the other driver did not make any offer for over 11 months, despite injuries so severe that more than $325,000 in medical bills were accrued during the plaintiff’s first month of hospitalization.
After five months of full cooperation with the other driver’s insurance carrier, the plaintiff’s mother retained one of Palm Beach County ’s top firms. Under the threat of a lawsuit, the other driver’s insurance company made a late attempt to fulfill its contractual obligations. The $250,000 offer was rejected.
A Palm Beach County jury awarded over $15 million dollars in damages against the other driver, who sued his insurance company for bad faith. The company, in turn, sued the plaintiff’s mother, claiming she had never intended to settle the case. Because the original firm she had hired was forced to become witnesses in the action, it was prohibited from handling the case further. It was at this point that David Glatthorn was hired as co-counsel because of his 20 years of experience in personal injury and insurance law.
Resolution:
During intense pre-trial motions, an insurance company memo was discovered, which attempted to save a portion of the policy even though the plaintiff’s medical bills had already exceeded $600,000. Despite this clear evidence of bad faith, the insurance company resisted making any reasonable offers until several days before the scheduled trial date. The confidential settlement that was reached will ensure that the plaintiff will receive the proper lifetime care.
Personal Injury — Car Crash
$1.1 million
Summary:
David J. Glatthorn won an award of $1.1 million for a couple within four months of their being injured in an automobile crash.
Case Detail:
A couple was returning home after a cruise when their limo driver caused a massive accident in which one car overturned and two others were hit. Both husband and wife were in intensive care units for more than 30 days.
Upon being hired by the couple’s children, Mr. Glatthorn recognized there would be several claimants with injuries arising from this crash besides his clients. Because a first come, first served rule in Florida regarding insurance claims could enable only one claimant to obtain all insurance coverage, Glatthorn swiftly and successfully pursued the one million dollars carried by the driver and rented car.
Besides assigning a private investigator to photograph the scene, vehicles, and statementize all witnesses and having a paralegal obtain complete medical records and bills, Glatthorn also made immediate contact with the insurance company involved and advised them the claim would quite likely exceed the policy limits of one million dollars. A settlement demand package to the insurance company was compiled, documenting the severity of the injuries and likely jury verdicts.
Resolution:
As a result, the insurance company tendered its one million dollars in coverage to Glatthorn’s clients within mere months of the crash. An additional $100,00 in uninsured benefits under his clients’ own policy was also quickly obtained. The insurance company paying the settlement went bankrupt three months later. Without prompt action on this case, the plaintiffs might easily been left with nothing beyond their own insurance.
Personal Injury / Bad Faith — Car Crash
$500,000
Summary:
In November 2001, David J. Glatthorn enabled a severely injured woman to receive five times the insurance company’s policy limits when the company decided to pay up rather than undergo a trial by jury.
Case Detail:
A mother of three children suffered herniated disks in her neck and other orthopedic injuries during an automobile accident caused by an out-of-state driver.
As legal counsel, Mr. Glatthorn quickly determined there was only $100,000 in coverage to be paid within 30 days. He immediately provided the insurance company with documentation on his client’s extensive injuries, along with her doctor’s recommendation that spinal surgery be performed and demand that the $100,000 in coverage be paid within 30 days. The out-of-state insurance company refused to make any offers.
Mr. Glatthorn filed suit on his client’s behalf, along with a formal proposal for settlement in the amount of $100,000, thus giving the insurance company a second chance to properly discharge its contractual obligations to pay properly documented claims. The insurance company again refused to make an offer.
After Mr. Glatthorn’s client underwent spinal surgery, the out-of-state insurance company finally tendered their $100,000. This offer was rejected and a trial date set, Glatthorn intended to prove damages far in excess of $100,000 and then sue the insurance company for bad faith.
Resolution:
The insurance carrier recognized its error and agreed to pay five times the insurance limits, an unusual outcome that occurs only when a carrier becomes convinced that the Plaintiff’s attorney is likely to win a verdict in excess of the policy limits. While such a jury verdict might have exceeded $500,000, collecting it would have required a second bad faith lawsuit and could have taken two years. Because of her large medical bills, inability to work and immediate financial needs, the client accepted the half-million dollar offer David Glatthorn had negotiated.
Personal Injury / Airline Negligence
$600,000 settlement
Summary:
David J. Glatthorn won a settlement of $600,000 for a Northwestern Airlines female baggage handler stemming from an accident in which her lower back was re-injured in the same place where she had previously undergone back surgery.
Case Detail:
The handler was struck from behind by a cart driven by the employee of another airline. While the plaintiff had rights under workers compensation, she hired David Glatthorn to investigate the airline employing the person who had struck her. Mr. Glatthorn uncovered evidence that the employee had flunked a drug screen test more than 24 hours after the incident, and was not even authorized to operate machinery on the airport tarmac. It was also discovered that the defendant’s getting high and operating machinery was common knowledge among her coworkers.
Resolution:
Under the threat of a punitive damage count, a settlement was reached for the plaintiff. She also received $100,000 in workers compensation. |