Michael Dec Jr. and Pamela M. Dec v. Encompass Insurance
Lake Superior Court No. 45D05-0606-CT124
Injuries: Soft tissue; cervical strain and aggravation of pre-existing asymptomatic arthritis
Date: Feb. 8-10, 2010
Judge or Jury Trial: Jury trial
Judge: Hon. William Davis
Disposition: $40,000 compensatory
Plaintiff Attorney: Kenneth M. Wilk, Highland
Defendant Attorney: William K. Deer, Merrillville
Insurance: Encompass Insurance
Case Information: Plaintiff passenger in stopped SUV was rear-ended at 35 mph by another SUV. Plaintiff treated for about a year, including injections, followed by a hiatus of three years, after which plaintiff resumed treatment.
PPI rating of 8 percent.
Jury was informed that plaintiff’s billed medical (expenses) were $46,583.40 but that only $24,704.47 were actually paid.
Jury was also informed that plaintiff recovered policy limits of $50,000 from primary carrier and was making claim against her own carrier for UIM.
Encompass offered $5,000; declined by plaintiffs.•
– Kenneth M. Wilk