$500,000 Settlement
A Butler County man sued for damages he suffered in a head-on collision.
On June 28, 2000 David Cash was driving west on County Road 534 when he was hit head-on by Stacey Cates. Cash suffered multiple leg fractures, which required several surgeries.
Cates' carrier, Farmer's Insurance, made a $25,000 policy limits settlement offer which also required Cash to indemnify Cates and Farmer's from any other claims. Because Cash intended to file an underinsured motorist claim — which might lead to further action against Cates by Cash's insurance carrier — Cash requested removal of the indemnity clause.
Farmer's refused the request. It also failed to notify Cates that Cash had given a deadline for settlement. After the deadline passed, Cash filed suit against Cates.
Cates refused to let Farmer's assume the defense and retained personal counsel, contending that Farmer's had violated its duty to defend and settle the case in good faith.
Eventually Farmer's agreed to pay any judgment over policy limits. The parties agreed to a $500,000 settlement three weeks before trial.
Type of Action: Automobile accident
Type of Injuries: Fractured left femur, right tibia and right fibula
Court/Case Number/Date: Butler County Circuit Court/CV102-103CC/ July 1, 2003
Caption: Cash v. Cates
Judge, Jury or ADR: Jury
Name of Judge: Mark L. Richardson
Special Damages: $104,000 medical expense; $32,000 lost profits
Verdict or Settlement: $500,000 settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: Stephen M. Glassman, St. Louis
Insurance Carrier: Farmer's Insurance Company
Plaintiff's Experts: Dr. Michael Trueblood, Cape Girardeau (orthopedic surgeon)
Defendant's Experts: None
July 21, 2003
