Jury Verdict – $94,600 in Excess

The Oklahoma personal injury law firm announces a verdict in which a Tulsa County jury awarded the plaintiff a net award of $94,600 above the insurance policy limits.

Tulsa, OK – July 06, 2012

Associates of the Rode Law Firm, PLLC, recently secured an “excess” jury verdict for his client in a motor vehicle collision case that was tried before a Tulsa County jury.

After an hour and 10 minutes of deliberations, the jury returned a unanimous verdict on June 7, 2012, in the amount of $119,600 — $94,600 in excess of the defendant’s insurance policy limits, according to the Rode Law Firm.

Judge Mark Barcus presided over the trial in the District Court In and For Tulsa County. (Case No. CJ-2009-6838).

The plaintiff’s lawsuit alleged that she was rear-ended by the defendant (with minimal property damage evident in photographs of the vehicle). She presented to the emergency room the following day. The plaintiff claimed a total of $13,400 in medical bills.

According to the Rode Law Firm, the defendant offered a $14,250 settlement the day before trial. The plaintiff rejected the offer. The plaintiff’s counter-offer, which fell within the defendant’s United Automobile Insurance policy limits of $25,000, was not met. The parties proceeded to trial.

Court records show that the plaintiff called Heath Travis, D.C., by video trial deposition as well as the plaintiff and a before-and-after witness.

The Robinson Law firm represented the defendant, who did not attend the trial. Court records show the defendant admitted liability, and the defense called Sami Framjee, M.D., as the sole witness by video before resting its case.

The plaintiff closed the trial by making a total demand of $104,000, including $13,400 in special damages, $65,000 in damages for loss of business income and damages for past and future pain and suffering, according to court records.

The result marks the second “excess” jury verdict obtained by Fettkether in the past four months. In March, associates at the Rode Law Firm secured a net verdict of $59,500 for the firm’s client that was $9,500 in excess of the defendant’s insurance policy limits. (Case No. CJ-2009-749, In the District Court In and For Rogers County, State of Oklahoma).