Case details
Pedestrian claimed accident caused a loss of business
SUMMARY
$500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, fracture, trimalleolar fracture
FACTS
On Nov. 15, 2017, claimant Lawrence Verna, 75, a business owner, was attempting to retrieve something from his vehicle, which was parked on a street in San Bruno, when an uninsured motorist backed into him. Verna sustained an injury to his right ankle. Police officers investigated the incident and attributed fault to Verna for being in the street at the time of the impact. Verna sought recovery via the supplementary-uninsured-motorist provision of his insurance policy, which was administered by Farmers Insurance Exchange, a reciprocal inter-insurance exchange that is part of Farmers Insurance Group of Cos., Verna sustained a trimalleolar fracture to his right ankle and was rushed to a hospital. He claimed he developed upper leg pain and ultimately required surgery on his ankle. Verna remained in a nursing home for 10 days. Verna claimed that he lost business as a result of being unable to work for a period of time without pain. No further treatment was recommended for Verna. The respondent disputed Verna’s residual complaints. Specifically, the respondent asserted that the alleged upper leg pain was from Verna’s pre-existing lower back pain and that Verna went on a hunting trip for several days less than one year after the accident. In addition, the respondent alleged that Verna’s business ran without him being present.
COURT
Matter not filed, CA
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