$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