$779,000 for Mentally Handicapped Adult Not Buckled Up
Jane Doe lived at the Shady Hollow Adult Home in McIntosh, Florida. Although mentally handicapped, Jane enjoyed walking to the store, shopping with her family and visiting with her friends at daycare.
On October 9, 1997, as Jane was being taken to daycare by Professional Transport, another car ran through a stop sign on US 441 and into the path of the Professional Transport car. Jane was thrown over the front passenger seat and into the windshield. She suffered head injuries and a fractured pelvis.
The referring attorney easily got the other car’s minimal insurance limits, but ran into problems trying to deal with National Casualties, the insurance carrier for the community transport vehicle.
Pajcic & Pajcic focused its efforts on the liability of the unqualified and untrained transport driver who, despite her testimony to the contrary, had obviously not made sure that Jane was buckled in. Pajcic & Pajcic also strenuously resisted any attempt to devalue Jane’s injuries because of her pre-existing handicaps.
National Casualties paid $950,000 of its $1,000,000 in total coverage at mediation. Jane agreed to split the underinsured motorist coverage with the driver and got almost all of the liability insurance. The settlement has given Jane a new lease on life. She has returned to Shady Hollow and is contemplating marriage to a fellow resident.