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Michael Bowen v. State Farm Insurance Company, et al.

Court: Anne Arundel County Circuit Court

Case Number: C-98-47630 MT

Proceedings: Jury Trial

Judge: The Honorable Judge Caroom

Outcome: Jury returned plaintiff verdict

Incident Date: September 18, 1997

Filing Date: June, 1998

Disposition Date: April 6, 2001

Plaintiff: Michael Bowen

Plaintiff Attorney: Richard L. Jaklitsch (Law Office of Richard L. Jaklitsch)

Defendant: State Farm Insurance Company, et al.

Defense Attorney: Patrick A. Ferris, Esq. (H. Barritt Peterson & Associates)

Injury Claimed: Neck and back

Description of Injury: Headaches, neck and back 

Amount Sought: Last Demand - $40,000

Settlement Offered: $25,000 primary policy, $2,000 underinsured

Award: $55,079.78

Location of incident: West Street, Annapolis, Maryland

Case Information: Plaintiff was rear-ended.  At fault party paid $25,000 policy limits, so Plaintiff sued underinsured carrier, after subrogation waiver.  Plaintiff had five prior accidents (three involved neck injury), a prior herniated cervical disc and a primary permanency rating to the neck, but claimed $100,839.78 in medicals from this accident, a worsening of his prior neck injury and claimed the need to switch from his plumbing job to a less physical job as a painter.  Jury awarded $11,839.78 in medicals, $5,760 in past wages, $25,000 in future wages and $12,480 in pain and suffering.

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