On May 12, 2022, the plaintiff, who was a flight paramedic in the Army National Guard was T-boned by a drunk driver who ran a red-light. According to plaintiff counsel Christina Brown, the plaintiff’s injuries included a subarachnoid brain bleed and concussion.
“As a result of her injuries, plaintiff was temporarily removed from flight status and faces a medical clearance process to return to flying with her crew,” Brown said. “Her military career was seriously impacted by this accident.”
According to the video footage from South Carolina Highway Patrol, obtained by Brown, multiple witnesses described the defendant’s driving leading up to the collision as erratic and dangerous.
Ultimately, it was determined that the defendant BAC was 0.24 at the time of the accident. Upon further investigation, Brown discovered that the defendant had previously been charged with at least twelve counts of driving under the influence.
While the defendant was uninsured, the owner of the vehicle, the defendant’s live-in girlfriend, maintained a liability policy with limits of ($50,000/$100,000).
The same day Brown received the declaration page from the liability carrier, a time-demand package was sent to the liability carrier in accordance with Tyger River, offering to settle the plaintiff’s claims in exchange for policy limits. According to Brown, no representative from the liability carrier reached out to the plaintiff’s counsel. Suit was filed in Richland County, S.C. which included a negligence claim with respect to the defendant and a negligent entrustment claim with respect to the owner of the vehicle.
Shortly after the suit was filed, the liability carrier offered to pay the limits of the policy, which was rejected by the Plaintiff. Ultimately, a settlement was reached between the plaintiff, defendant, and liability carrier for $525,000.00. Plaintiff also obtained the limits of her uninsured motorist benefits, $75,000.00, for a total recovery of $600,000.00.
“The plaintiff had had a great team of attorneys on her side,” defense attorney Steven Eston Price said. “I’m thankful that we were able to get the case resolved.”
Is this a verdict or a settlement? Settlement
Type of case: Motor Vehicle Wreck
Injuries alleged: Subarachnoid (brain) bleed and concussion
Case name: Withheld
Case No.: Withheld
Date of settlement: December 16, 2022
Special damages: $56,272.77; $21,354.41 (medical bills); $24,406.00 (property damage); $10,512.36 (lost wages/misc.)
Insurance carrier: Withheld
Attorney(s) for plaintiff and their firm(s): Christina Brown with the HHP Law Group
Attorney(s) for defendant and their firm(s): Steven Eston Price with Clawson and Staubes
Was the opposing represented by counsel? Yes
Were liability and/or damages contested? While defense counsel filed an answer denying liability and damages, as a practical matter, neither were substantively contested.
Has the judgment been successfully collected? Yes