The firm resolved a multi-million dollar personal injury case where the plaintiff was seriously injured as a result of a head-on collision with another automobile for $5,000. The plaintiff had suffered two broken legs and had already undergone several surgeries, with medical expenses approaching $500,000. The driver of the second vehicle was killed in the accident and uninsured. Our client was named as a defendant because they were making repairs to the street at the time of the accident and plaintiff had contended that the surface of the roadway had caused the deceased driver to lose control and swerve into the oncoming lane of traffic hitting plaintiff.
The plaintiff had always approached the case with the stated understanding that liability was limited with respect to our client and had sought to resolve the case on the basis of joint and several liability for the medical expenses. However, the plaintiff agreed to resolve the case on the eve of a motion for summary judgment hearing when, after considerable investigation, the medical records of the deceased driver were located. The records disclosed that the driver had suffered a medical condition which had caused him to fall asleep while driving. It was also disclosed he had been involved in three, non-injury accidents in the prior year prior and that his medical condition had been determined to be the cause of the accident.