NOTABLE SETTLEMENTS

John Doe v. GMC

John Doe was a trooper who was horribly burned in an accident that occurred while he was in pursuit of a drunk driver. Days prior to the expiration of the statute of limitations suit was filed against eight defendants alleging defective design of "America's car"--the Chevrolet Impala/Caprice. Todd successfully settled claims against all of the lesser players until two defendants were left. One defendant eventually settled for $900,000.00 after having initially offered $25,000.00. Shortly before trial in l986, GMC settled confidentially for the largest share of the overall settlement.

John Doe v. Pierce County

This was a highway design defect case. Mr. Doe, a C6 quadriplegic, came to the office inquiring about a possible claim for injuries that he suffered when the wheels of his wheelchair locked up and he fell to the ground at the Puyallup Fair spraining his neck and scratching his face. In the course of the initial inquiry, Todd asked how Mr. Doe suffered his spinal cord injury. Mr. Doe indicated that it was "all my fault - I was drunk and went off the road into a deep ditch". Todd took the time to drive out to the scene of the accident where he noticed some old surveyor's marks on the road which looked remarkably like the types of marks commonly left by Dick Cook or Ed Stevens. Further inquiry resulted in the discovery of a prior case involving a school bus at the exact location where John Doe was injured. Despite a blood alcohol level of .16 at the time of the accident and the lack of any reason for leaving the edge of the road other than intoxication, in l989 Todd obtained a settlement of almost $2,000,000.00.

John Doe v. Ford Motor Company

Todd has settled two cases against the Ford Motor Company arising out of the two-point motorized seat belt. One of these cases was on behalf of a young man who was ejected from a Ford Escort during a rollover collision on I-90. Todd spent six days in the Ford Motor Company reading room where he compiled a binder of documents that he skillfully used as exhibits in the depositions of 12 Ford engineers and executives. The case confidentially settled in l993 for the largest figure that Ford had paid up to that time for a claim involving their two-point motorized belt. The documents have been requested and provided to numerous ATLA members across the country.

Estate of Jane Doe vs. King County

This was one of Todd's cases involving the Ford Motor Company two-point motorized belt. After settling with Ford, Todd pursued a claim against King County for the failure of one of its buses to yield the right-of-way while turning left on Southcenter Parkway. Liability was complicated by the fact that the decedent (a diabetic) had become hypoglycemic and consequently completely lost control of her vehicle, swerving down the road and careening off of the sides of several vehicles and the curb prior to striking the bus that was at a stop blocking one of the two lanes while waiting for traffic to clear to complete its left turn. The case was dismissed on Summary Judgment. Todd obtained a reversal of this decision in the Washington Court of Appeals and in May l994 settled the case just prior to trial for $550,000.

John and Jane Doe v. McClatchy Newspapers

Settled July 29, l996 (l day prior to trial) for $5,500,000. This was the largest settlement, at the time, for a paraplegic in the State of Washington.

Jane Doe v. Torgerson (M.D.)

Settled March l997 for $780,000

Nichols v. Nichols

Settled September l997 for $800,000

Estate of John Doe v. Group Health

Settled January l998 for $885,000

LePage v. Virginia Mason Medical Center & Anderson

Settled February l998 for $450,000

Toulouse v. Scott Trucking, et al

Settled July l998 for $362,500

Guinn v. Food Services Inc.

Settled March 1999 for $834,000

Wilkerson v. State

Settled for $125,000 in June l999

Taylor v. Clarke Drug

Settled August l999 for $150,000

Rawdon v. Seahorse Ranch

Settled September 1999 for $250,000

Estate of John Doe vs. State of Washington

John Doe, age 70, was killed and his wife badly injured when a tractor-trailer rig lost control due, in part, to the lack of functioning trailer brakes while northbound on I-5, crashed over the median barrier and struck the Arnold's van head-on. A young man (married with children) in another vehicle was also killed in this collision. The owner of the truck only had $600,000 in insurance and no collectible assets. Todd pursued litigation against the State of Washington for allowing the defective trailer to proceed with "instructions" to the young, inexperienced driver that he should stop at the next town to have the brakes repaired. After defeating the State's Motion for Summary Judgment to Dismiss, the case against the State was settled one week prior to trial for $1,300,000. An additional $200,000 was recovered from the trucking company's insurance for a total settlement of $1,500,000 in December l999.

Harrington v. Safeco

Settled April 2000 for policy limits of $300,000 less offsets, for a total to client of $298,395.59.

John Doe vs. Anonymous School District

The plaintiff, a paraplegic, showed up at the office three days before the expiration of the applicable three-year statute of limitations. Claims followed by litigation were filed against the State of Washington, King County and the Anonymous School District. Discovery resulted in the dismissal of claims against King County and the State. The plaintiff, age 18, had become intoxicated at a "Senior Sneak" - an un-sanctioned party organized by students who planned on skipping their last day of school the next day. The plaintiff and approximately 20 of the students were detained by the Washington State Patrol at the site of the party due to positive breathalyzer tests. The State Patrol contacted the School District to request that they be taken back to school by bus. The School District transported Mr. Doe and the other students back to the District's bus barn, but never contacted parents. Rather than calling home, as instructed by the Principal, Mr. Doe obtained a ride back to the site of the party in order to recover his vehicle. While driving home he fell asleep at the wheel and struck a tree resulting in his spinal cord injury. There was no alcohol in his system at the time of the collision. There was evidence of possible marijuana use based upon lab results. Following the defeat of the School District's Motion for Summary Judgment to Dismiss and its Motion for a Continuance, the case was settled August 8, 2000 (one hour prior to trial) for $750,000.

Jane Doe v. Dr. Blakeney, Dr. Weis and Anonymous Hospital

Plaintiffs' included the injured 40 year old woman, her husband and two dependent daughters. The injured plaintiff admitted to the hospital for a routine laparotomy removal of her ovaries. During the procedure the surgeon injured the bowel but failed to recognize the injury and repair it. The plaintiff spiked a fever of 103 within the first 12 hours post surgery and continued to spike fevers, with symptoms of increased heart rate and increased respirations for 7 days post surgery. During the weekend (post surgical days 4 and 5) the on-call doctor (Dr. Weis) ordered diagnostic tests that went unreported to him by the plaintiff's nurse and were not independently followed-up on by the on-call doctor. Over the course of the next 7 days none of the physicians or hospital staff diagnosed that plaintiff had a hole in her bowel resulting in abscess formation, peritonitis and sepsis. On the 7th post operative day the plaintiff's medical condition had deteriorated so drastically that she was emergently sent to surgery. The plaintiff lapsed into respiratory arrest and renal failure as a result of the fecal peritonitis and sepsis. She required a colostomy, ventilation and tube feeding during her nearly 8 week coma. Subsequently the plaintiff remained in rehabilitation for 3 months and was diagnosed with heterotopic ossification (rare bone growth formation); ARDS (resulting in permanent severe pulmonary restrictions); polymyocitis (muscle weakness); polyneuropathy (nerve pain) and brain damage. Upon discharged, the injured plaintiff was wheelchair bound, unable to independently accomplish activities of daily living; and had to manage with a colostomy bag. She underwent two takedowns of the colostomy and one replacement colostomy over the next year. She underwent 13 surgeries including 2 surgeries to remove the bone growth that locked her joints at the elbow and knee, 3 surgeries to place and replace interthecal pain pumps to manage her intractable nerve pain and multiple abdominal procedures. The plaintiff has been and is totally and permanently disabled.

This case went to trial in King County Regional Justice Center against all 3 defendants. The defendants joint offer on the first day of trial was $1.2 million. Plaintiffs' demand on the first day of trial was $6.0 million. After 5 weeks of trial and three days before the anticipated closing arguments, the defendants jointly offered $6.0 and the case was settled.

John Doe v. Anonymous Healthcare Providers

The plaintiff was a 72 year old man with history of arterial disease presented emergently to the hospital with left lower leg pain. He was treated by the interventional radiologist with thrombolitic therapy to break up an occlusion in his left lower extremity for 72 hours. The radiologist diagnosed a popliteal aneurysm as the cause of the occlusion; the surgical consulting physician was unaware of the aneurysm but did follow the plaintiffs' condition with the radiologist. The plaintiff's condition deteriorated into compartment syndrome and early morning on the 3rd day post admission he was transferred to another hospital for amputation of his left leg above the knee.

Mediation before trial resulted in settlement of the medical negligence in the sum of $800,000.

John Doe v. Anonymous Insurance Company

On February 15, 2004 a settlement for bad faith against Anonymous Insurance Company in the sum of $150,000 was successfully negotiated. This claim arose as a result of the failure of Anonymous Insurance Company to timely and fairly evaluates the UIM claim of its insured. The plaintiff in this case is Farmers Insurance Company adjuster. His personal automobile insurance was not with Farmers. He was involved in a head on collision in 1997 which totaled his vehicle. There was no liability or contributory negligence. Pemco paid its underlying 3rd Party limits to the Plaintiff prior to retaining counsel. Plaintiff requested his UIM limits of $250,000 at the time of the 3rd party settlement. Anonymous Insurance Company declined to pay anything indicating that there evaluation indicated that he had been overpaid and they "didn't believe he had a UIM claim". Plaintiff hired Todd who demanded arbitration after an extensive settlement demand was presented requesting the UIM limits and it elicited the same response from a different adjuster at Anonymous Insurance Company. Anonymous Insurance Company paid the entire UIM limit of $250,000 one working day before arbitration was set to go forward.