Case Type: Cervical Injury from Car Accident Settlement
Facts of the Case
On May 21, 2015, David Semear was driving northbound on Hoover Road in Warren, Michigan when Defendant Osama Abulhab negligently failed to yield the right of way to oncoming traffic and turned left into Mr. Semear's lane, violently colliding with Mr. Semear's vehicle.
Mr. Semear sustained injuries to his cervical spine in the subject collision, including a C3-C4 disc protrusion obliterating the subarachnoid space and causing spinal canal stenosis, as well as a C4-C5 disc protrusion obliterating the subarachnoid space.
Due to these injuries, Mr. Semear had difficulty living the life that he did prior to the collision, including extreme difficulty partaking in his favorite pastimes: fishing and deer hunting.
Types of Injuries and Harm Suffered
- C3-C4 disc protrusion obliterating the subarachnoid space and causing spinal canal stenosis
- C4-C5 disc protrusion obliterating the subarachnoid space
Other Types of Damages
- Physical pain and suffering
- Mental anguish
- Fright and shock
- Denial of social pleasure and enjoyments
- Embarrassment, humiliation or mortification
Legal Issues in the Case
- Defense argued that Mr. Semear's injuries were caused by degeneration, as opposed to an acute trauma, in large part because Mr. Semear was 73 years old.
- Defense also argued that there was a lack of change in life damages because Mr. Semear was retired and did not previously partake in many daily activities.
What We Did to Win the Settlement
In litigation, the Defense would not stipulate to Defendant's sole negligence in causing the collision, so we took the Defendant's deposition at which time he admitted that he was the exclusive cause of the collision.
We also demonstrated to Defendant's insurer, Allstate Property and Casualty Insurance Company, that he was potentially underinsured and that he faced an excess verdict. We then pointed out to Defendant's insurer that it could be exposing itself to a bad faith claim by its own insured.
After pointing this out to the Defense, a facilitation was then set up with a Macomb County facilitator, and the case settled at this facilitation.
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