Case details
Passenger in under-insured vehicle impaled during crash
SUMMARY
$200000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chest, fracture, rib, sternum
FACTS
On Feb. 19, 2020, claimant Jayden Hatfield, 22, a restaurant server, was a front seat passenger in a vehicle operated by Lise McGarry. As they were traveling north on State Route 1, in Monterey County, their vehicle went off the roadway and into a wooden fence located in a yard. Hatfield was impaled by a fence post, causing to his chest. In lieu of filing a lawsuit, Hatfield sought direct recovery from McGarry’s insurance provider, Mercury Insurance Group. Hatfield alleged that McGarry was negligent in the operation of her vehicle. Hatfield sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Government Employees Insurance Co., also known as GEICO. Hatfield’s counsel contended that McGarry was driving under the influence of alcohol when she lost control of her vehicle, resulting in the crash., Hatfield sustained a fractured sternum and a fracture of a left rib. He was transported to a hospital, where he underwent a surgical removal of the left, lower lung lobe. Hatfield claimed that he now becomes out of breath more easily. He alleged that he can work, but that he will require future medical care. Hatfield sought recovery of approximately $165,000 in past medical costs, based on his adjusted medical bills. He also sought recovery of future medical costs, and damages for his past and future pain and suffering.
COURT
Matter not filed, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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