LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

WWHGD Defends Major Poultry Processor After Catastrophic Collision

Weinberg Wheeler Hudgins Gunn & Dial successfully defended the third largest processor in the U.S. poultry industry after one of its delivery trucks collided with an SUV. After five days of trial, the case was favorably settled on March 17, 2006.

WWHGD handled the defense in Palm Beach County, where the tragic accident occurred on June 16, 2004. The defense had already admitted liability when the WWHGD team was called in by the excess insurance carrier to take over the case three weeks before trial.

While traveling on the Florida Turnpike, the delivery driver lost control of his truck, colliding with a Suburban and causing it to careen into a watery canal. The husband, who was in the passenger seat, was immediately able to escape; but his wife, who was driving, was rendered unconscious and was later saved from near drowning by passing Samaritans. She was revived at the hospital, but remained in a coma for 37 days; her additional injuries combined for almost $500,000 in past medical bills.

Plaintiff’s counsel demanded $14 million pre-trial, alleging the wife had suffered a traumatic brain injury; however that charge was not proven and plaintiff’s eight figure demand was reduced to an award in the amount of the primary layer of insurance coverage.

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