UIM Defense Verdict
Schneider v. Farmers Insurance Company, Multnomah County Case No. 15CV32970
Plaintiff Schneider was walking along the side of a rural highway in central Oregon when an underinsured motorist hit her. She settled for that driver’s $25,000 insurance policy limits and then brought this underinsured Motorist (UIM) case against her own insurance company. She alleged that the driver was going too fast, failed to yield the right of way, failed to keep a proper lookout and failed to swerve to avoid a collision. She claimed crash-related injuries to her head, neck, shoulder, and spine. She sought $100,000 for past and future medical expenses, $26,203 for wage losses and $900,000 for non-economic damages.
Farmers Insurance denied that the underinsured driver was negligent. They claimed that Schneider’s own negligence caused the collision. They alleged she was negligent for walking on the paved portion of the road instead of the gravel shoulder and for not moving onto the shoulder when she saw the driver approaching.
Plaintiff’s Counsel – Mike Colbach
Defense Counsel – John Eickelberg
Verdict – Defense Verdict (60% liability attributed to Plaintiff)
Date – February 14, 2017February 19, 2017