In 2013, our client was socializing with friends at her grandmother’s house. The client’s ex-boyfriend was also in attendance. All in attendance were consuming alcoholic beverages. At approximately 1:00 A.M., the tortfeasor and the client had a verbal altercation that led the tortfeasor to get into his truck and attempt to drive while drinking . The client attempted to stop the tortfeasor’s actions by stepping on the step rail of his truck and take the keys out of the ignition. The tortfeasor struck the client twice in the face to get her off the truck. The client fell off the truck as the tortfeasor was attempting to leave the scene. The torfeasor put his truck in reverse, and struck the client’s left cheek and eye with the left rear view mirror.
Some time after the incident, the ambulance and police were called to the scene, and discovered the client lying in the middle of the street unconscious. The client was then transported to an area hospital for medical treatment. The client was admitted to the hospital and was diagnosed as having a displaced left nasal fracture, left orbital blowout with entrapment of the inferior rectus muscle, contusion to the face, and medical concussion. In 2013, surgery was performed to repair the fractured orbital and rectus muscle entrapment. An implant was placed on the left side of the fracture by a doctor, who stated that “She had fairly sizable gap in the floor of the orbit with entrapment of fat and possibly muscle in that area”.
As a result of her injuries, our client continues to suffer concussion related symptoms such as daily headaches, pressure in the head, confusion, forgetfulness, dizziness, nausea, and fatigue. A UM demand was sent to the insuance company in 2013 giving them 30 days to respond. They failed to respond in a timely manner, so Burnetti, P.A. filed a CRN against the insurance company on behalf of the client. The adjuster called the very next day and tendered the policy limits of $100,000.00.