Saturday, October 30, 2010

Insurance carriers forcing another trial

I have a trial starting this Wednesday. Here are the basic facts:

In 2002 Defendant Husband decided to build a deck onto the second story of his home. He removed a window from the back of his home and replaced it with a sliding door. Months later, Defendant Husband was called away to work for an extended period.

On August 11, 2004, his wife, went to a bar with a friend. At the bar, she drank and socialized with friends. As the bar closed she agreed to have a group of people back to her home.

At home, she took everyone upstairs to her kitchen. The kitchen was the only place people could smoke. She grabbed bottles of liquor from her basement to share with her guests. Everyone drank. Later on, one guest got sick from drinking. Wife and others helped clean up after the person and put him to sleep. While everyone was cleaning, another guest, Greg, walked outside to smoke. Believing there to be a deck outside the sliding door, Greg stepped out of the sliding door. But the deck had never been built. Greg fell one story to the concrete patio below.As a result, Greg suffered a torn ligament in his right knee, concussion with severe cognitive resultant cognitive disfunction, a broken clavicle and a lacerated liver.

The absurd thing with this case is that the Defendants were covered with liability insurance. You buy liability
insurance for situations like this. What's the problem? The insurance company won't pay for what happened. They entered a defense on behalf of the defendants. I would not be surprised if this was against the defendants wishes. Think of it from the homeowner's perspective....they don't want this lawsuit dragging
on for years any more than the plaintiff does. Do you think the defendants want to have to testify at trial about what happened? I am guessing not. But if they don't agree to play by the rules than their insurance company
won't cover them. So they are in an impossible position. And in turn the person that is significantly injured is
forced to take his chances at trial to receive coverage for all of his medical issues. And he is placed in a
forum where the jurors judging his case are, by law, deprived of critical information in the case.
The defendants have paid premiums for years to have their insurance company pay for an injured guests
injuries. Then when it happens, the insurance company won't pay. If my client is able to recover anything in
this case it will be entirely covered by the insurance company. He has just had to jump through years of
hoops for a chance of recovering anything.

As much as I love trying cases, I would forgo the opportunity in a second if it meant my guy could get at least some money for what happened to him. I can only hope the jury understands what an absurd situation this was and does right by Greg. Share this post :
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