Ziert vs. Young’s Lockeford Payless Market, Inc.; Zenith Insurance Company vs. Young’s Lockeford Payless Market, Inc. – San Joaquin County

James Miller headshotOn May 1, 2015, Jim Miller completed a 10 day jury trial in San Joaquin County Superior Court where the plaintiff sought over $7,000,000.00 in damages for lost wages, medical expenses and pain and suffering allegedly arising from an incident that occurred at Jim’s client’s store. The intervenor, Zenith Insurance Company, sought repayment of workers’ compensation benefits paid to the plaintiff. After hearing the testimony of eight medical doctors, three liability experts, an economist, a neuropsychologist, two vocational rehabilitation experts, the plaintiff, his wife, daughter and two defendant company representatives, the jury returned a verdict finding the plaintiff 75 percent at fault for the incident and awarded him $720.00. The intervenor received a verdict of zero dollars. Since Jim’s client had served both the intervenor and the plaintiff with 998s well above the jury verdict amounts, he is seeking over $133,000.00 in costs and expert fees from the intervenor and plaintiff. 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

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

Doyon v. Lewis – El Dorado County

James Miller headshotIn this case, Jim represented two brothers who owned a home in Garden Valley. The older of the two brothers, Jerry had recently suffered a stroke and was recovering at home. To aid in his recovery, the younger brother, Robert, hired several caregivers, including plaintiff, to assist Jerry in general chores such as cooking, cleaning and running errands. Following the stroke, Jerry suffered from an unsteady gait and reduced motor control. Continue reading

Underinsured Motorist Arbitration – Fibromyalgia Claimed

James Miller headshotIn this matter the claimant had preexisting fibromyalgia. She was involved in a motor vehicle accident that resulted in an exacerbation of the fibromyalgia complaint and severe foot pain. The claimant ultimately had surgery on her foot three years after the accident. The doctor who performed the surgery, a renowned orthopedic surgeon from the San Francisco area, testified that the claimant would need additional treatment. He also testified that based on the information given to him by the claimant’s attorney about the claimant’s history he would relate the need for surgery to the subject accident. Continue reading