Third Excess Verdict in 2012

Firm founder Robert L. Rode congratulates colleague David C. Bean, a Tulsa personal injury lawyer, on securing a verdict for a car accident victim that exceeded defendant’s insurance policy limits by $45,400.

“We are proud of the positive results that we continue to accomplish for people who have suffered serious injuries in accidents.”

Tulsa, OK – November 14, 2012

Tulsa car accident attorney David C. Bean of the Rode Law Firm, PLLC, obtained an “excess” verdict for a client in a motor vehicle collision case tried to a jury in Tulsa County, Oklahoma, on Oct. 9, 2012. Case No. CJ-2010-02545 was tried in the Civil Division of Tulsa County District Court, with the Honorable Judge Linda Morrissey presiding.

Robert L. Rode, founder of the Oklahoma personal injury law firm, today offered congratulations to Mr. Bean for a job well done, and applauded the positive outcome for the plaintiff.

“This marks the third excess verdict so far in 2012 that the personal injury attorneys at the Rode Law Firm have secured for our clients,” Mr. Rode said. “We are proud of the positive results that we continue to accomplish for people who have suffered serious injuries in accidents.”

The previous two excess verdicts secured by the Rode Law Firm in 2012 were in Case No. CJ-2009-749 In the District Court In and For Rogers County, Oklahoma, on March 6, and Case No. CJ-2009-6838 in the District Court In and For Tulsa County, Oklahoma, on June 7.

According to the plaintiff’s complaint in the most recent case (Case No. CJ-2010-02545), the defendant in the case backed out of his driveway and broadsided the plaintiff’s vehicle causing minimal property damage. The plaintiff was treated conservatively with chiropractic care and physical therapy. When the plaintiff did not get better with conservative care, an MRI was ordered and it revealed a herniated disc at C5-6. Subsequently, a discectomy and fusion were performed by Dr. James Mayoza for a herniated disc at C5-6.

State Farm insured the defendant under a liability policy with $50,000 limits, according to discovery responses.

Matthew Wade, an attorney with Ailles and Associates in Oklahoma City, represented the defendant. Despite medical bills in excess of the policy limits, State Farm refused to tender its policy limits of $50,000 and filed an Offer to Confess in the amount of $6,500, according to court documents.

The plaintiff demanded policy limits and the plaintiff’s attorney advised the defendant’s attorney that if State Farm would not tender policy limits, the plaintiff would seek an excess verdict against State Farm’s insured at trial, Mr. Rode said.

At trial, the plaintiff maintained that she had no previous neck injury. The defendant’s case was centered on many years of prior treatment to the plaintiff for neck pain, with supporting prior medical records, according to Mr. Rode.

Dr. Mayoza testified by video concerning the herniation and surgery. The defense retained Dr. Russell Green to perform an IME, and conducted a video deposition for trial wherein he disagreed with the need for surgery.

Following the judge’s rulings to Mr. Bean’s objections in Dr. Green’s video deposition, the defense elected not to call Dr. Green. The defense relied on its cross examination of the plaintiff and rested, Mr. Rode said.

After two hours of deliberation the jury returned a verdict in favor of the plaintiff in the amount of $95,400, according to court documents. The verdict is $45,400 in excess of the defendant’s policy limits with State Farm.

“Congratulations to David Bean for securing this excess verdict in favor of our client who was injured in a car accident,” Mr. Rode said. He encouraged anyone who has been hurt in an accident that was caused by someone else’s negligence to seek legal help from an experienced Oklahoma car accident attorney like the ones at the Rode Law Firm.