Uninsured motorist action

February 25, 2015

Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved.

Action: Uninsured motorist

Name of Case: Barden v. State Farm Fire and Casualty Insurance Co.

Court Case Number: 49D12-1009-CT-042351

Injuries: Injuries to ribs and spine, including herniated disc

Court Date: Jan. 27, 2015

Trial Type: Jury trial

Judge: Hon. John M. Chavis, Marion Superior 12

Disposition: Verdict for plaintiffs for $710,000

Plaintiff Attorney: Cory Brundage

Defendant Attorney: Robert Durham, State Farm Litigation Counsel

Insurance: State Farm, primary and excess coverage

Case Information: Plaintiff was broadsided by an uninsured driver who ran a red light and left the scene after refusing to identify himself. Plaintiff sustained injuries to her ribs and spine which substantially impaired her ability to function. She received temporary relief from a series of surgical injections, having a total of 27 over 13 separate occasions in a 35-month period. Dr. Terry Trammel testified that the shots would never cure her and no surgery could resolve her pain which would continue to necessitate intensive therapy for the rest of her life. State Farm’s last offer was $21,535.63 on top of $10,000 in medical pay. The jury’s verdict was $650,000 for plaintiff and $60,000 in consortium damages for her husband.•

Submitting Attorney: Cory Brundage