Motor Vehicle/Premises Liability Accident
Date: Fall 2019
Attorney: John E. Molinari, Esq.
Practice Area: Motor Vehicle/Premises Liability Accident
John E. Molinari represented a 50 year old man who was a patron in a car wash. While in line, he stepped out of his vehicle to discard some trash and was struck by the SUV of another patron that was being operated by an employee of the car wash. The employee negligently put the car in reverse pinning plaintiff’s legs between the bumpers of both vehicles. Plaintiff’s injuries included bilateral comminuted proximal tibia-fibula fractures that eventually led to bilateral above the knee amputations.
The other patron’s carrier tendered their policy limits in the amount of $25,000.00. Plaintiff’s insurance carrier tendered their available underinsured motorist policy limits of an additional $75,000.00. At the close of discovery and after numerous Summary Judgment motions had been decided, Plaintiff and defendant agreed to proceed to Mediation at which time the case settled for an additional sum of $1,750,000.00 bringing the total settlement to $1,850,000.00. There was only a one million dollar policy on the car wash and that carrier had initially disclaimed coverage. In addition to recovering the $1,000,000.00, John convinced the car wash owner to pay $500,000.00 from his own pocket shortly within the signing of the closing documents and then an additional $250,000.00 in regular payments over time. The total settlement was $1,850,000.00.