Injured Driver v. Tired Driver
Hardiman & Carroll was able to save a self-employed metal
fabricator and its carrier tens of thousands of dollars with an aggressive and well-presented defense.
Ken Litton’s client, a self-employed metal fabricator, was behind the wheel of the company commercial van when she fell asleep and hit plaintiff’s Honda Civic, creating a four-vehicle pileup. Plaintiff’s vehicle sustained significant damage and was declared a total loss. Plaintiff asserted that he suffered serious injuries to his cervical and lumbar spines and demanded six figures to resolve his claims. Plaintiff’s claims were buttressed by his contention that his ability to mountain climb had been destroyed. Plaintiff produced evidence that he had been an avid mountain climber before the accident, and had been sponsored by advertisers during some of his climbs. Thus, plaintiff asserted his life had been irrevocably altered.
Mr. Litton took an aggressive position with respect to the loss, highlighting the fact that plaintiff’s medical care had consisted primarily of conservative treatment. Additionally, the pertinent MRIs disclosed only degenerative findings and no catastrophic injury. Mr. Litton was able to resolve the case for $12,000.