Verdicts & Settlements - Auto Accident Insurance Settlement

$2.725 Million Insurance Settlement for Auto Accident Passenger That Suffered Fractured Pelvis Injuries

On an early Saturday afternoon plaintiff was at the home of defendant in Allentown, Pennsylvania for a baby shower. About an hour after arriving at the party, defendant asked plaintiff to look at his new Chevy SSR "hot rod" pick up truck. While the two were sitting in the vehicle admiring its features, without warning defendant decided to gun the truck down a residential street. He struck a curb at some 46 miles an hour causing the truck to do an in air roll, taking out a large tree. Later tests revealed defendant's blood alcohol content was .18, 125% over the legal limit, and he ultimately plead guilty to related charges.

As a result of this auto crash, the 33 year old plaintiff suffered severe pelvic fractures requiring fixation surgery, a ruptured bladder and a ruptured colon. The case was filed in Monmouth County Superior Court, but removed to Federal Court in Trenton. Defendant also moved to have the case dismissed for lack of personal jurisdiction because defendant lives and works in Pennsylvania, where the crash occurred. However, plaintiff's counsel, Gerald H. Clark a partner in the Shrewsbury firm of Keefe Bartels & Clark, was successful in maintaining jurisdiction based personal service within the jurisdiction. Clark was also successful in maintaining a punitive damages claim in the case related to the drunk driving aspect and severe crash.

Defendants suggested that plaintiffs injuries were not as severe as presented, that plaintiff knowingly got in a car with an intoxicated driver and pointed out that plaintiff was not wearing a seatbelt. John E. Keefe, Jr. who was co-counsel with Mr. Clark and led the plaintiffs' settlement negotiations, countered that the injuries were debilitating and life-changing. Keefe also commented that the seatbelt defense is unavailable under Pennsylvania law and in any event, defendants had no expert to say the injuries would have been less had plaintiff been wearing a seatbelt. Clark added, "Our client would have had no reason to know defendant was so intoxicated at his daughter's Saturday afternoon baby shower."

Through aggressive legal representation for the accident victim, the settlement was reached with the negligent driver and his insurance company on only a year and a half after the accident, amidst settlement discussions conducted by a United States District Judge in Trenton, New Jersey.

For more information or to speak with an experienced New Jersey auto accident passenger injury lawyer, contact Keefe Bartels & Clark LLC.

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