CIVILIAN OCTOGENERIAN RECEIVES A $500,000 SETTLEMENT FROM PRIVATE HOMEOWNER AFTER A HOUSEHOLD MEMBER THREW A SHOPPING CART WHICH INJURED CIVILIAN AT A COSTCO
A civilian octogenarian recovered a $500,000 personal injury settlement from a homeowner when a member of the homeowner’s household threw a shopping cart at another customer at a Costco and the cart accidently struck the octogenarian causing injuries.
The individual who threw the cart was arrested for assault. The injured party hired DCD to prosecute the individual who caused her injuries. DCD sued the individual and instructed the defendant to give the lawsuit to their homeowner’s insurance carrier. DCD then monitored the criminal preceding against the defendant to determine whether the homeowners insurance would represent and indemnify the defendant. The homeowner’s insurance carrier would have disclaimed coverage, if the defendant pled guilty to an intentional assault. The defendant inevitably pled guilty to reckless assault which required the insurance company to provide coverage.
DCD was then successful in filing a summary judgment application with a Suffolk County Supreme Court Justice, claiming the criminal conviction served as a civil judgment.
Although the client did not require surgery, DCD was able to demonstrate that her injuries changed her lifestyle. The case settled during a Mediation for $500,000.