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Motorcyclist Suffers Multiple Fractures After Being Struck by SUV in Pasadena, Texas
On Friday, January 20, 2012, Frank Quinn was on his way home from work at the General Electric facility in Baytown, Texas, where he has worked for the past 30 years as a process engineer. The weather forecast was clear so Frank decided to ride his Harley Davidson motorcycle to work. On his way home, and since it was the weekend, he picked up a dozen fresh gulf shrimp from a local Kemah fish market and a six-pack of beer to share with his wife as they grilled out that evening.
Ten minutes from home, as he was traveling south on the feeder road of the Beltway in Pasadena, he was struck by a Chevrolet Tahoe as it exited the parking lot of a local shopping center. Writhing in pain, Frank lay on the pavement, unable to move. The driver of the Tahoe told the police officer that Frank came out of nowhere and that he must have been exiting the freeway just north of the point of impact. Frank told the police officer he wasn’t exiting the freeway but was in no condition to fully explain his situation. Based on Mrs. Howard’s story, the police officer concluded that there were conflicting statements and he could not determine who was at fault. Mrs. Howard’s insurance company denied Frank’s claim and closed its file. The bodily injury adjustor explained to Frank that he believed Mrs. Howard and that no jury would ever award him a dollar.
Frank suffered a comminuted midshaft fracture of his left clavicle and a right knee lateral tibial plateau fracture, each of which required surgery by Dr. Robert Burke at Texas Orthopedic Hospital. He underwent an open reduction and internal fixation of the midshaft left clavicle fracture and an arthroscopically assisted internal fixation of the right knee lateral tibial plateau fracture, with associated medial lateral meniscectomies. Additionally, he suffered a focal abrasion to his left cheek, a laceration to his right shin, which required 2 staples to close, and other abrasions and contusions to various parts of his body.
Frank contacted Denena & Points, P.C. after he found our site on the internet and after being told by the insurance company that they would never pay him on his case. After interviewing Frank and investigating the case, Tony Denena decided to file a lawsuit against Mrs. Howard. After personally visiting the site of the collision and documenting the point of impact, Mr. Denena deposed Mrs. Howard. During her deposition, Mr. Denena showed Mrs. Howard photographs of the scene. She admitted that the point of impact between the vehicles was a mere 70-80 feet from the parking lot exit. Thus, it became clear to everyone, but Mrs. Howard that she had failed to yield the right of way to Frank, who was lawfully traveling south on the feeder road just before he was struck.
Shortly after deposing Mrs. Howard, Mr. Denena placed a time-limited demand on her insurance company for its policy limits of $100,000.00. One week later, the case settled for that amount.
- FROM THE INITIAL PHONE CALL TO SETTLEMENT, THE CASE TOOK JUST OVER 5 MONTHS!
Awarded: $100,000.00; Attorneys’ Fees – $40,000.00; Case Expenses – $2,103.15