Brent Adams & Associates Legal Blog
Our North Carolina legal blog covers personal injury news, accident information, medical malpractice reports, lawsuits, and other topics of interest for those who are dealing with their own North Carolina legal issues. Updated daily, our NC injury attorneys hope this blog helps readers stay connected to legislation changes and informed when it comes to significant NC court decisions.
A man has filed suit against Allstate County Mutual Insurance Co., claiming the company refused to pay for the personal injuries he suffered in an auto wreck.
According to the suit filed on March 27 in Texas’ Jefferson County District Court, Darrik Reynolds was injured in a November 15, 2007 collision with Ernest Lee Hicks II, who failed to yield right-of-way at an intersection.
The suit says that Hicks’ vehicle “suddenly and unexpectedly” collided with the front of Reynolds’ vehicle, causing it and the trailer it was pulling to jackknife and the boat on the trailer to fall off.
Reynolds claims the collision caused him to suffer severe and permanent back injuries and incur medical expenses.
The suit says that at the time of the crash, Reynolds was insured by Allstate.
Reynolds says that before he filed a claim with Allstate, he tried to file suit against Hicks. However, he discovered that Hicks had no insurance coverage.
Reynolds then filed a claim for his uninsured motorist protection benefits However, the suit says that Allstate has failed to respond.
Reynolds seeks unspecified damages.
A man from Orange County, Texas has filed suit against Allstate Insurance Company, claiming he did not receive damages to which he was entitled after an accident that left him with personal injuries.
According to the suit he filed on January 26 in Texas’ Jefferson County District Court, Walter Smith was driving south on February 15, 2007 when the incident took place. He had to slow down for traffic in front of him that had also slowed.
Smith claims that Walter Shilo Jr. failed to control his speed and collided with the vehicle in front of him, causing it to rear-end Smith’s car.
Smith claims that the collision caused him to suffer injuries to his back, right leg, and body. He also claims that he experienced extreme physical pain and suffering, mental anguish, physical impairment, lost enjoyment of life, lost earning capacity, and medical expenses.
When the accident occurred, Smith had insurance with Allstate.
Smith alleges negligence on the part of Shilo for failure to apply his brakes, failure to maintain a proper lookout, failure to drive safely, failure to maintain control of his vehicle, failure to take evasive action, and failure to control his speed.
Smith seeks unspecified damages.
On July 29, a Missouri appeals court held up the verdict of a Jackson County jury of compensatory damages worth $5.8 million and punitive damages worth $10.5 million against Allstate Insurance Co. for their refusal to settle a claim made by one of its insured.
The case arises from a car accident on March 24, 2000 when a drunk driver crossed the center line on a highway in Camden County, Missouri and collided head-on with a couple’s smaller car, causing all involved to sustain personal injuries.
As a result of the crash caused by Wayne Davis, Jr., Edward and Virginia Johnson incurred medical bills of over $300,000. Davis later admitted to have been driving with a blood-alcohol twice the legal limit.
The Johnsons filed a complaint that they had sent demand letters to Allstate, but the insurance company refused to reach a settlement, in bad faith.
The Johnsons filed suit against Davis in 2002, believing him to be 100 percent at fault.
Just prior to the beginning of the trial in 2004, a letter was sent to Davis for the first time by an Allstate official to explain that he could be personally liable for any judgment in excess of policy limits.
After that, the suit the Johnsons filed against Davis never went to trial.
Instead, they settled into an agreement in which Davis admitted to driving under the influence and consented to $2.5 million in compensatory damages and $1.5 million in punitive damages in addition to over $1 million in prejudgment interest.
The agreement’s twist was that the Johnsons would not attempt to recover the judgment; instead they would jointly sue Allstate with Davis as long as they Johnsons receive 90 percent of the award from the Allstate trial, which took place in 2005.
Judges from the Western District Court of Appeals ruled that Allstate failed to recognize the severity of the Johnsons’ injuries and that the claim would exceed Davis’ $50,000 policy limits. They also upheld the finding of Allstate’s failure to advise Davis of the demand and the likelihood of him being hit with an excess judgment.