This accident occurred in Madison County, Alabama when a commercial plumbing truck lost control, crossed the median, and struck our client head-on on South Memorial Parkway. Our client, who had a history of back pain, was required to undergo multiple back surgeries after the accident. Initially, the insurance company denied liability arguing that our client’s back surgeries where as the result of pre-existing conditions and not the injuries he sustained in the accident.
After filing suit against the plumbing company and it’s driver, it was discovered that the driver had a history of accidents and traffic violations. During the depositions of the clients treating physicians, I obtained testimony from the clients neurosurgeon that he was of the opinion that the injuries our clients sustained in the car wreck necessitated the surgeries.
After completing discovery and the doctors deposition, the defendant’s insurance company tendered their policy limits of $1,000,000. In addition, our client had $50,000 of underinsured motorist coverage which was paid to our client as well.