Description:
The case involved a welderwho was violently rear-ended by the defendant who had the sudden onset of diabetic shock. The plaintiff suffered a herniated L5-S1 disc. He had surgery in the form of a fusion which did not solidify. He had a second surgery to do a posterior fusion. At the time of trial he was in school being retrained for a new occupation. It was proven that while the defendant had a sudden diabetic shock, he had not been treating with his doctors or following his doctor's advice and this had resulted in his being the end stage of kidney failure. The jury awarded the plaintiff $461,000.00. There was a net judgment including costs in the amount of $359,000.00. The defendanta^s insurer had rejected the opportunity to settle for the policy limits of $100,000.00 at the pretrial. The defendant has assigned his rights as a result of the breach of the fiduciary duty by his insurance company to the plaintiff. The claim against the insurance company for breaching fiduciary duty is in suit at this time.