 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Shatzer v. Globe American Casualty Co.12/19/2001
Appeal from the Iowa District Court for Black Hawk County, Thomas N. Bower, Judge.
Injured driver appeals and his insurance carrier cross-appeals following a trial in which the insured sought to recover underinsured motorist benefits from his insurance carrier. REVERSED ON APPEAL, AFFIRMED ON CROSS-APPEAL, AND REMANDED.
Merle Shatzer was seriously injured in an automobile collision. He sued both the driver and owner of the other car. After he settled with their insurance companies Shatzer sued his own insurance carrier, Globe American Insurance Company, for underinsured motorist benefits. Globe filed a motion for partial summary judgment seeking a determination the underinsured motorist benefits should be offset by amounts of private disability benefits Shatzer received from his employer. The court denied Globe's motion. Following a trial to the court, Shatzer was awarded damages for loss of income, pain and suffering, and future pain and suffering. The court reduced the award for future pain and suffering to reflect present value. Shatzer appeals arguing the court erred in reducing the award for future damages. Globe cross-appeals. Because we find the court incorrectly reduced Shatzer's future damages and the court correctly denied Globe's motion for partial summary judgment, we reverse on the appeal, affirm on the cross-appeal, and remand.
I. Background Facts
Shatzer suffered serious injuries in an automobile accident. The other vehicle was driven by Boyd Bartholomew and owned by Chris Johnson. Shatzer received multiple injuries as a result of the accident, including two broken ribs, contusions, and a brain injury . On June 6, 1997, Shatzer sued Bartholomew and Johnson and settled with their insurance companies for the policy limits of their two policies-a combined $45,000.
On the day of the car accident, Shatzer was insured by Globe American Insurance Company. His policy included $20,000 for underinsured motorist (UIM) benefits. On July 17, 1998, Shatzer sued Globe for the UIM benefits. Globe admitted the policy applied to the accident, but refused to pay Shatzer, claiming Shatzer's injuries did not exceed the $45,000 already paid to him by the tortfeasors.
Globe filed a motion for partial summary judgment seeking a determination the amount payable under Shatzer's UIM coverage should be reduced by the amount of disability benefits Shatzer received from his employer. The court denied Globe's motion for partial summary judgment.
After a trial to the court, the court awarded Shatzer $26,000 for loss of income, $15,000 for pain and suffering, and $30,000 for future pain and suffering. The court reduced the award for future pain and suffering to a present value of $7500. In total, the court awarded Shatzer $48,700. The court reduced this amount by the $45,000 Shatzer received from the tortfeasors and awarded Shatzer a final sum of $3700.
Shatzer filed a 179(b) motion arguing the court neglected to award $7,176.99 for medical expenses and erred in reducing future pain and suffering to present value. The court granted the motion with respect to the additional medical expenses, but denied the part of the motion requesting the court not reduce the award for future pain and suffering. Shatzer appeals from this adverse ruling.
On appeal, Shatzer contends the court erred in reducing the award for future damages to present value. Globe cross-appeals arguing the court erred in overruling its motion for partial summary judgment in which Globe sought to offset the total award for private disability benefits Shatzer received from his employer.
II. Scope of Review
The court reduce
Page 1 2 3 4 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|