Marlink Gains Favorable Award In Binding Arbitration – Hernandez v. Rice

Katherine Marlink headshotPlaintiff Hernandez filed a lawsuit in Sacramento County Superior Court for personal injuries arising from a rear-end motor vehicle collision that occurred on January 19, 2012. At the time the collision occurred, Mr. Hernandez was off from work for similar injuries sustained in a work-related incident that occurred on August 29, 2011.  Rather then proceed with a trial of the matter, the parties agreed to binding arbitration. Continue reading

Underinsured Motorist Arbitration – Tinnitus Claimed

James Miller headshotJim Miller arbitrated a claimed tinnitus case. The arbitration was conducted over a two-day period in December 2014 and January 2015. The hearing arose out of a two car motor vehicle accident which resulted in moderate damage to the back-end of the claimant’s vehicle. As a result of the accident, the claimant claimed he sustained soft tissue injuries as well as severe tinnitus that was ongoing and permanent. Jim and his experts conceded that the claimant did have tinnitus and that it arose from the subject accident. However, there was a dispute over the damages that should be awarded for such an injury. Continue reading

Fullbright v. Bell – Dismissal for Waiver of Costs – El Dorado County

Gordon Bowley headshotOn November 13, 2014, Mr. Bowley closed this matter which concerned personal injuries alleged by Regina Fullbright following a car accident in a Starbucks parking lot on January 13, 2012.  Fullbright alleged in her suit that Gordon’s clients had backed into her vehicle causing injuries to her head, neck, left shoulder and back.  As a result of the collision, Fullbright’s vehicle sustained damages totaling $646.71, however, the damage was so minimal, plaintiff never repaired the vehicle after the accident.  Continue reading

Powers and Marlink Prevail On Motion For Summary Judgment – Stover v. Sherrill

Brian Powers headshot Katherine Marlink headshotPlaintiff Stover filed an action in Placer County Superior Court alleging injuries as the result of a physical altercation between himself and his neighbor, Mr. Sherrill. In addition to naming Mr. Sherrill as a defendant in the matter, the plaintiff named as defendants a guest on the neighbor’s property Mr. Colaw, who he alleged intervened in the fight escalating it and causing him further injury, and Mrs. Sherrill, against whom he alleged she had breached her duty in purposefully directing Mr. Colaw to intervene to cause injury to the plaintiff. J. Brian Powers and Katherine L. Marlink of Powers Miller represented Mrs. Sherrill in the action. Continue reading

Underinsured Motorist Arbitration – T4 to Sacrum Fusion Surgery Claimed

James Miller headshotJim Miller completed a first party underinsured motorist hearing on October 23, 2014. This arbitration hearing arose from a three vehicle motor vehicle accident. However, the claimant was involved in both earlier and subsequent motor vehicle accidents. She also had an extensive surgical history, having undergone carpal tunnel releases in 1970 and 1971, cervical fusion surgeries in 1988 and 1992 and total bilateral knee replacement surgeries in 2003 and 2004. She also had extensive lumbar and lower extremity complaints including a right sided decompression at L3-4 and L4-5 in 1993 and a laminectomy revision of L3-5 in 2003. Following the earlier motor vehicle accident, the claimant underwent a re-exploration of the L3-4 decompression laminectomy and L3-4 micro discectomy which occurred in September 2009. Continue reading

Mr. Miller Obtains an Award 97% Below Claimant’s Demand

James Miller headshotJim Miller recently completed a binding arbitration in this matter. The claimant was involved in a moderate impact rear-end accident that occurred on Highway 99 northbound which resulted in a total loss of the claimant’s vehicle.

Claimant settled with third party’s liability insurance limits. The claimant then presented a first party claim against his insurance company, alleging that he suffered significant injuries to his cervical spine and lumbar spine with radicular components to both the upper extremities and the lower extremities. Claimant had a rather significant work up that involved multiple presentations to a chiropractor and an orthopedic spine surgeon. Continue reading

Fuller v. Larsen – El Dorado County

Headshot of Robert F BennettIn this case Rob Bennett represented a young pharmacy clerk, Mr. Larsen, who was also a friend of the plaintiff.  The parties were friends for several years before the accident.  On September 14, 2011, Mr. Larsen was driving in a rural part of El Dorado County with Mr. Fuller as a passenger when the vehicle struck another car.  The vehicle both parties were in sustained damages totaling $4,660.   Continue reading