PIP & UIM Verdict

Wallace v. Mutual of Enumclaw, Multnomah County Case No. 15CV03273

Plaintiff Wallace was stopped for traffic when the car behind her was rear-ended, causing it to collide with her car.  Wallace sustained a neck injury in the crash which required surgery. Wallace settled her claim with the at-fault driver for policy limits of $25,000.  She brought this action for underinsured motorist (UIM) coverage.  She sought $40,251.43 in past medical expenses, $50,000 in future medical expenses and $150,000 in non-economic damages. Wallace brought the second claim for breach of contract related to denied personal injury protection (PIP) coverage of medical expenses totaling $15,290.12.  Plaintiff sought attorney fees under ORS 742.061.

Defendant Mutual of Enumclaw argued that some of the bills submitted to PIP were properly denied as they related to care that was not reasonable, necessary and related to the car crash.  Defendant also disputed the amount of Wallace’s damages

Plaintiff’s Counsel – Douglas P. Oh-Keith

Defense Counsel – Christopher Drotzmann

Verdict – $126,112.24 ($15,290.12 in PIP, $48,822.12 in economic damages and $62,000 in non-economic damages)

Attorney Fees – $95,000. 

Date – March 10, 2016

March 17, 2016

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