Case details

Claimants alleged tractor-trailer drove head-on into their vehicle

SUMMARY

$1200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, chest, fracture, hip, humerus, knee, leg, patella, rib elbow, tibial plateau
FACTS
On April 19, 2019, claimant John Donnell and his wife, claimant Kristi Donnell, were traveling from Utah to California. As Ms. Donnell was driving on California State Route 160 with her husband as the front seat passenger, their truck was struck head-on by a tractor-trailer operated by Jaswinder Singh. Mr. Donnell sustained to his chest and right leg. Ms. Donnell sustained to her left leg, right hip, right knee, right arm, chest, pelvis and a foot. The Donnells filed a claim against Singh’s insurer, AmTrust Financial Services Inc., alleging that Singh was negligent in the operation of his tractor-trailer. The Donnells also sought further recovery via the supplementary-underinsured-motorist provision of their own insurance policy, which was administered by the American Automobile Association. The Donnells’ counsel alleged that Singh was driving on the opposite side of the freeway when Singh crossed over the double yellow line and collided head-on with the Donnells’ vehicle. Singh disputed the Donnells’ version of the accident, and claimed that Ms. Donnell lost control of her vehicle, careered off of a retaining wall and traveled into his lane, causing the collision with his tractor-trailer. Singh also produced a witness who corroborated his version of events. In response, the Donnells’ counsel asserted that forensic evidence showed that Singh’s version of the incident was not consistent., The Donnells were both taken to a hospital after the accident. Mr. Donnell sustained a fracture of the right leg’s femur, a fractured rib, a fracture of the right knee’s tibial plateau, and a wound to the right elbow. He underwent multiple surgeries, including the implantation of screws and bolts to repair his femur, a percutaneous fixation of the bicondylar tibial plateau fracture, and an irrigation, debridement and closure of the right elbow wound. Ms. Donnell sustained including, but not limited to, fractures of her left leg’s femur, left arm’s humerus, right knee’s patella, right hip with a dislocation, five bilateral ribs, pelvis and a foot. She underwent a surgical reduction of the right hip dislocation and pin placement of the right femur. The Donnells both underwent intensive rehabilitation therapy for an extended period of time.
COURT
Matter not filed, CA

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