Managing Partners, Rad Gaines, Ron Gault, Tracy Hendrix, and Julie Pearce were all included…
Shelley Lewis obtained Summary Judgment in a car accident case. The Complaint was filed on January 21, 2022 by Shunnarah Injury Lawyers and it included an underinsured motorist claim against State Farm. The Plaintiff was claiming injuries to various portions of her body as a result of an accident on September 11, 2020, at Friday, at 3:34 p.m. at the intersection of Abercorn Drive and Abercorn Drive. Plaintiff was driving a 2020 school bus and the other driver was driving a 2019 Dodge Ram and pulling a trailer. The school bus was stopped. The other vehicle was traveling beside the school bus and the side of his trailer scraped the rear side of the school bus. No injuries were reported at the scene. The other driver was insured by Progressive, and they tendered their limits of $25,000 before the lawsuit was filed. The plaintiff had $100,000 of stacked underinsured coverage with State Farm. Plaintiff claimed the impact made her jump up quickly to check on the children and she twisted her right knee and it popped. A subsequent MRI showed a torn meniscus and fracture of the medial tibial plateau. Dr. Michael Cantrell performed surgery. Plaintiff’s medical bills totaled over $55,000. None of the plaintiff’s medical records mentioned an accident; instead, plaintiff related her injury to a twisting injury or feeling a pop when she got her foot caught. Her story that she had to get up quickly was contradicted by video from inside the bus, which showed that she never got up to check on the children. State Farm moved for summary judgment, alleging that any injury was not caused by the “operation, maintenance, or use of an uninsured motor vehicle.” Oral argument was held on November 8, 2022 before Judge James Smith in Madison County and he entered an order in favor of State Farm the same day.