A Columbia County, Oregon woman accepted a $350,000 settlement for injuries she suffered when she was struck while walking in a snowy parking lot by an elderly inattentive driver. The woman was taken by ambulance to the emergency department in Portland where she was diagnosed with multiple minor fractures in her back, a minor fracture to her leg and scrapes and bruises. She did not require any surgical procedures.
The woman hired Chad Stavley to represent her after having no luck dealing with the at-fault deriver’s insurance company – Liberty Mutual. Liberty Mutual argued that their driver was not negligent. They claimed the parking lot was icy and she did everything she could to avoid the collision. They also argued their driver was not responsible for the pedestrian’s injuries. They claimed her health was poor already and the fractures were mild and the result of pre-existing osteopenia.
There were multiple challenges in this case including proving the driver was negligent, proving the significance of the injuries and preparing to present the case in a county that is known for small verdicts.
Chad worked with expert an accident reconstructionist to prove that the driver likely stepped on the gas when she meant to step on the brake. He worked with the pedestrian’s doctors and physical therapist to be able to explain the significance of the crash-related injuries. the case only settled once it became clear to the defense that their defenses were no longer reasonable.