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$262,500: McFarland v. Avia Transport, et al

May 2024

Sacramento, CA. The Plaintiff was a passenger in a vehicle that was twice struck by Defendant's 18-wheeler. She complained of significant shoulder pain and ultimately underwent rotator cuff repair surgery. The insurance company denied the claim in pre-litigation based on information that Plaintiff had pre-existing tears to her rotator cuff. After litigating the case for 18 months, Blain Law APC was able to obtain a settlement of $262,500 for the Plaintiff. The critical evidence was a pre-accident MRI and a post-accident MRI of the injured shoulder. The pre-accident MRI showed a partial tear to a tendon in the shoulder. The post-accident MRI showed a complete tear of the same tendon and a new partial tear to a different tendon in the shoulder. The two MRIs were about 7 months apart and the traffic accident was the only reasonable explanation for the changed findings between the 2 MRIs. 

Practice area(s): Car / Auto Accident

Court: Sacramento County

David Blain, Esq.

ABOUT DAVID BLAIN, ESQ. David Blain, Esq., represents plaintiffs in personal injury actions including claims for product liability, motor vehicle negligence, assault and battery, dog bites, government tort liability, and other types of consumer protection cases. He has represented hu...

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