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$7 Million Stipulated Judgment For Motorcycle Passenger

In April 2008, our 44-year-old client was riding on the back of her boyfriend’s motorcycle when a full-size cargo van turned left directly in front of their path. The front of the van struck the motorcycle ejecting our client and pinning the motorcycle and rider under the van as it continued forward. The motorcycle erupted into flames causing both the rider and the van to become engulfed in flames as well. Both our client and her boyfriend were transported to Bayfront Medical Center via a trauma helicopter. Her boyfriend was pronounced dead hours later. Our client was left with a major brain injury in addition to multiple broken bones and respiratory issues that lead to numerous surgeries and a four-month hospitalization. She will need round the clock care for the remainder of her life and has been in an acute nursing facility since her discharge from the hospital. Her teenage son has been put into the care of his grandmother who is also serving as the guardian for our incapacitated client. The driver of the van was found guilty of DUI manslaughter and DUI with serious bodily injury. Offers were sent to the at fault driver’s insurance company for the policy limits of $25,000. However, the insurance company did not accept the offer and a law suit was filed. In February 2011, our office accepted a stipulated judgment against the insurer in the amount of $7,000,000. A bad faith case is currently pending against the insurer. Injuries: Intracranial hemorrhage, subarachnoid hemorrhage, burns on abdominal wall, flank and groin, left pneumothorax, right pneumothorax, rib fractures, left distal tib/fib fracture requiring rod placement, left femur fracture requiring rod placement and bone graft, left patella fracture, multiple pelvic and pubic ramus fractures, renal laceration, liver laceration, sternum fracture, C7 transverse process fracture, right hand fractures requiring surgery, tracheostomy placement, PEG tube for feeding and multiple debridement procedures for burns. Damages: Past and future medical care, past wage loss, loss of earning capacity, pain and suffering. GUARDIANSHIP OF KIMBERLY MILLER V. TORREY