Firm News | February 22, 2021

Mark Altemose Receives Two Arbitration Awards

What’s better than one award for excellence in arbitration? Two awards!

Arbitration Award 1

Brief Summary: Arbitration award of $295,572, reduced by 10% for contributory negligence, for a 53-year-old man who suffered fractures to his lower leg requiring surgery and damage to the cartilage in his knee as a result of a motorcycle/automobile accident. Pre-arbitration highest offer was $40,000.

Detailed Summary: Our client, aged 53, was operating his motorcycle when he entered an intersection on a yellow light. A vehicle proceeding in the opposite direction made a left-hand turn in front of his motorcycle. As a result of the ensuing collision he suffered fractures to his lower leg requiring surgery and damage to the cartilage in his knee. A witness claimed that the client was speeding and could have stopped before entering the intersection. As a result, Defendant asserted a claim of contributory negligence against our client. Defendant offered $40,000 to settle the case, an offer that was rejected. The case proceeded to arbitration. On December 17, 2020 and the arbitrator awarded $295,572 to our client, and reduced the award by 10% for contributory negligence. The case settled after the award pursuant to a high-low agreement between the parties and our client then pursued UIM benefits for the balance of the recovery.

Arbitration Award 2

Brief Summary: Arbitration award of $461,460.60 for a 56-year-old man and his wife, where we alleged that the husband suffered a severe aggravation of cervical degenerative disease as a result of a car accident. Pre-arbitration highest offer was $20,000.

Detailed Summary: Our client, a 56-year-old married business owner, was rear-ended while stopped at a stop sign. We alleged that our client suffered a severe exacerbation of pre-existing cervical degenerative disease that will likely require cervical fusion surgery in the future, as a result of the accident. Defendant alleged that our client only suffered a strain and sprain of the neck. Defendant’s top offer was $20,000. Our client rejected the offer and the case proceeded to arbitration. On January 28, 2021 the arbitrator awarded $421,460.60 to our client and $40,000 to his wife for loss of consortium. The case settled after the award pursuant to a high-low agreement between the parties and our clients are now pursuing UIM benefits to recover their uncompensated damages.

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