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.  

Following the accident the boys went back to the Larsen home seemingly unharmed. However, plaintiff alleged he began to feel injuries to his neck and back after leaving the Larsen home the next day. Plaintiff testified that he initially sought care the next day at U.C. Davis Medical Center, but these records were never recovered.  The first care confirmed with documents occurred 18 weeks after the accident.  At his deposition the plaintiff alleged significant pain and disability following the accident which prevented him from working.  Rob also confronted plaintiff with various social media posts obtained in his background check showing the plaintiff engaged in various activities post accident.  In total plaintiff alleged medical bills of $50,064 and then served a demand to resolve the case for $100,000.

Ultimately, given the significant impeachment obtained during discovery, Rob was not only able to secure a settlement well below plaintiff’s total medical bills, but he secured a settlement which was $5,500 less than what was offered by Rob’s client before the lawsuit was filed.

 

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