Car vs Pedestrian Motor Vehicle Accident County: Polk Settlement Date: Mediation Date: 04/07/2021 Name of Mediator: Injury(ies): Head injury, concussion, head lacerations, spleen contusion, fractured hip with surgery. Claimed cognitive issues and loss of vision in one eye due to head trauma. Specials: $134, 460.32 reduced to $67, 129.51 plus claim of move to nursing home necessitated or accelerated because of injuries but no specific dollar amount for nursing home claim set forth Subrogation/Liens: Medicare $61,180.18 Wellmark $9333.83. Initial Demand: $250,000.00 policy limit Defendant Attorney: Jon Vasey Plaintiff’s Attorney: Fredd Haas Plaintiff’s Experts: Isaacson (Ortho) Bebensee and Hansen treating family physicians Defendant’s Experts: Michael Jacoby (Neurologist) Plaintiff’s Age: 91 Plaintiff’s Sex: F Affirmative Defenses: Superseding intervening cause. Comparative fault for subsequent fall. Settlement Amount: $220,000.00 Special Terms of Settlement: None Additional Comments: Plaintiff was a 91 year old woman hit in a crosswalk by teenage girl. Was able to walk to store 6 blocks prior to accident without assistance. was walking home from church at time of accident. Required walker after accident and claimed subsequent fall that resulted in broken hip was as a result of the auto accident.
Dog Bite/Strict Liability County: Clinton Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Bite to Right Calf Specials: $832.00 Subrogation/Liens: $800.32 Initial Demand: $75,000.00 Defendant Attorney: Amanda M. Richards Plaintiff’s Attorney: Jim Bruhn Plaintiff’s Experts: Defendant’s Experts: Plaintiff’s Age: 30 Plaintiff’s Sex: F Affirmative Defenses: Settlement Amount: $12,500.00 Special Terms of Settlement: Additional Comments:
Highway Speed Motor Vehicle Accident County: Marion Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Low Back and Upper Back soft tissue. Facial abrasions, Head injury with claimed loss of hearing, cognitive issues and vertigo. Claimed inability to work for 21 months or drive for 18 months supported by treating physician. Spousal loss of consortium Specials: Claimed lost wages $60,408.00. Medical bills $10,090.20 reduced to $3939.83. Subrogation/Liens: Medical bills and disability benefits for time off work. Initial Demand: $250,000 Defendant Attorney: Jon Vasey Plaintiff’s Attorney: Chris Johnston Plaintiff’s Experts: Dr. Babikian (Neurologist) Defendant’s Experts: Michael Jacoby M.D. (Neurologist) Plaintiff’s Age: 38 Plaintiff’s Sex: M Affirmative Defenses: Failure to mitigate Settlement Amount: $113,250.00. Special Terms of Settlement: None Additional Comments:
MVA County: Kossuth Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Low back Damage to lap band port Specials: $58,525.17 Subrogation/Liens: Yes. Rawlings on behalf of Wellmark. Initial Demand: $340,000.00 Defendant Attorney: Pat Sealey Plaintiff’s Attorney: Scot Bauermeister Plaintiff’s Experts: Dr. Lee Defendant’s Experts: None Plaintiff’s Age: 53 Plaintiff’s Sex: F Affirmative Defenses: None Settlement Amount: $100,000.00 Special Terms of Settlement: None Additional Comments: Defendant pulled onto highway with farm equipment in front of Plaintiff causing fairly significant impact. The removal of lap band port created most of the medical bills.
Negligence & Strict Liability Dog Bite County: Scott Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Dog bite injury to minor - facial injury to left side of face Specials: $8,732.67 Subrogation/Liens: $1,808.18 Initial Demand: $80,000.00 Defendant Attorney: Amanda M. Richards Plaintiff’s Attorney: Tom Hillers, Hupy & Abraham Plaintiff’s Experts: Defendant’s Experts: Amber Galey, M.D. (Treater) Plaintiff’s Age: 8 Plaintiff’s Sex: F Affirmative Defenses: Assumption of Risk, failure to mitigate damages Settlement Amount: $30,000.00 Special Terms of Settlement: Guardian Ad Litem to be appointed Additional Comments:
Negligence/Auto Accident (Rear End) County: Scott Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Back, shoulder pain with physical therapy and chiropractic care Specials: $11,248.18 Subrogation/Liens: Medicare $2355.57 Initial Demand: $35,000.00 Defendant Attorney: Amanda M. Richards Plaintiff’s Attorney: Justin Teitle Plaintiff’s Experts: Defendant’s Experts: Plaintiff’s Age: 72 Plaintiff’s Sex: M Affirmative Defenses: Comparative Fault, Failure to Mitigate Damages Settlement Amount: $17,500.00 Special Terms of Settlement: Additional Comments:
Negligence/Automobile Accident County: Cedar Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Neck pain/strain treated with PT Specials: $5,630.90 Subrogation/Liens: Not applicable Initial Demand: $50,000.00 Defendant Attorney: Amanda M. Richards Plaintiff’s Attorney: James K. Weston II Plaintiff’s Experts: Treaters Defendant’s Experts: Plaintiff’s Age: 21 Plaintiff’s Sex: F Affirmative Defenses: Comparative Fault Settlement Amount: $10,000.00 Special Terms of Settlement: Additional Comments: Defendant was driving while under influence
Slip and fall on ice County: Dickinson Settlement Date: Mediation Date: Name of Mediator: Injury(ies): Left shoulder Low back Specials: $70,757.71 (Pexa $17,729.32 Subrogation/Liens: Rawlings $5,302.49 Initial Demand: $68,000 Defendant Attorney: Pat Sealey Plaintiff’s Attorney: John M. Sandy Plaintiff’s Experts: Treating physicians Defendant’s Experts: None Plaintiff’s Age: 58 Plaintiff’s Sex: F Affirmative Defenses: Comparative fault Settlement Amount: $40,000 Special Terms of Settlement: None Additional Comments: Water spout from Defendant's business discharged on area where customers would walk.
