On February 19, 2013, a 39 year old office manager for a medical office
sets on her commute home as she did every day of the week. This day changed
her life dramatically. As she was driving southbound on highway 41, north
of Coarsegold in Madera County, California, she was unexpectedly caught
in a severe blizzard. The road became white and as she rounded a curve,
she could not control her small front wheel drive car. It skidded off
of the roadway, striking a boulder. As she regained control of the car
and attempted to re-enter the roadway, another motorist attempted to overtake
her vehicle resulting in a side swipe collision taking off her passenger
side mirror. Shocked, she managed to get her vehicle stopped. The other
vehicle did not stop but proceeded on down the roadway. The young woman
was in a panic when she limped her PT Cruiser into the town of Coarsegold.
As she passed a shopping center, she observed a Subaru Stationwagon that
looked like the car that had collided with her. She pulled into the shopping
center and met with its owner. He admitted that he was the driver of the
vehicle that sideswiped her but thought that no damage was done. They
exchanged information and went on about their way. There was no investigation
by any police department. When the 39 year old office manager made her
claim, she was shocked to find out that the Subaru’s driver’s
insurance company denied the claim and instead stated that it was her
fault for coming onto the roadway and running into the Subaru Stationwagon.
It was at this point that she hired The Dunnion Law Firm, who filed a
lawsuit on her behalf and proceeded to investigate the claim and reconstruct
the accident with the assistance of experts. The Dunnion Law Firm conducted
discovery, including taking the deposition of the Subaru driver, who was
forced to admit that he had a vehicle that could "handle the snow"
and nonetheless, collided with the out of control PT Cruiser. The 39 year
old office manager sustained an injury to her neck that became more severe
as time went on. She was treated by medical doctors and ultimately made
a full recovery. With these facts, The Dunnion Law Firm attorney argued
that the driver of the Subaru Stationwagon was at least comparatively
at fault and as such shoulder tender his policy limits in the amount of
$100,000.00. This was initially rejected by counsel for the defendant.
However, when faced with the prospect of a trial and a potential excess
verdict, the Subaru’s driver’s counsel relented and tendered
the policy limits of $100,000.00. It is noteworthy that the 39 year old
office manager was pleased with the $100,000.00 settlement and states
emphatically that she did not want to "take their house with an excess
verdict" and is pleased with The Dunnion Law Firm’s representation.