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Verdict to Injured Driver Taps Into UIM
Posted by: Larry Lapidus
December 11, 2008

Case Caption:
Susan R. Fowler v. Bahman Haghanegi and GEICO

Verdict:
$70,000.  Breakdown of payment:
$25,000 policy limits from the tortfeasor and $45,000 from the underinsured motorist carrier.

Judge:
Odessa F. Vincent

Date of Verdict:
4/2/2008

Attorneys:
    Plaintiff:
Lawrence S. Lapidus, Washington
    Defendent:
Witheld

Facts:  A rear-end accident with defendan'ts semi tractor-trailer allegedly caused serious neck and back injuries to plaintiff driver.  Defendant disputed causation, but the jury awarded plaintiff $70,000.  tortfeasor was to pay policy limits of $25,000 and the balance of the verdict ($45,000) was to be paid by the plaintiff's underinsured motorist carrier.

Plainitff Sandra Fowler, who was operating her vehicle, came to a stop and was rear-ended by Defendant Bahman Haghenegi's semi tractor-trailer.  Defendant Haghanegi was the self-employed owner/operator of the truck and admitted he struck plaintiff's vehicle, causing a scraped bumper.  Plaintiff claimed the impact caused neck and back injuries, a concussion and migraine headaches.  Experts for the parties disagreed over whether abnormalities seen on an MRI were significat.  The claims proceeded to trial on the issues of causation and damages.  Plaintiff was seeking damages from her underinsured motorist carrier, Defendant GEICO, byond Haghanegi's policy limits.

Plaintiff alleged she sustained serious injruies as a direct result of this accident.  She maintained that her migraine headaches did not resolve until a year post-accident and she had continuing neck and back pain.

Defendants acknowledged that plaintiff may have sustained minor neck and back injuries, but those injuries should have resolved in a short period of time.  Defendants disputed plaintiff's headache claims and agured that her complaints were not related to this accident as there was no objective evidence of a gross brain injury.

Plaintiff Profile:
Plaintiff was a 42 year old female employed as an executive with the former Redevelopment Land Agency.

Alleged Injury:
Concussion resulting in migraine headaches which resolved after one year.  Plaintiff aslo claimed cervical and lumbar pain which was ongoing to the date of trial.  A diagnostic MRI allegedly showed brain abnormalities confirming the migraine headaches.  Plaintiff sought $16,362 in medicals, $11,427 in lost wages and an unspecified amount of damages for pain and suffering.

Jury Deliberations:
4 hours

Settlement Efforts:
Last demand: $150,000
Last Offer: $15,000

Insurance Carrier:
Progressive(Haghanegi); Geico(UIM)

Expert(s):
    Plaintiff:
N/A
    Defendant:
Joel L. Falik, M.D.
Neurosurgeoun - Greenbelt, MD

Case Number:
2006CA005936B

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