 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mooneyham v. Progressive Gulf Insurance Co.9/6/2005
NATURE OF THE CASE: CIVIL - INSURANCE
DISPOSITION: AFFIRMED: 09/06/2005
BEFORE LEE, P.J., GRIFFIS AND ISHEE, JJ.
. Timothy Mooneyham ("Mooneyham") appeals the decision of the trial court granting Progressive Gulf Insurance Company and Progressive Casualty Insurance Company's ("Progressive") motion for directed verdict. On appeal, Mooneyham asserts that the trial judge erred in granting the directed verdict. We find no error and affirm.
FACTS
. On March 22, 2002, Mooneyham was rear ended by a Progressive insured. Fault was not disputed.
. On March 29, 2002, Progressive's "quick response" adjuster, David Malone (Malone), met with Mooneyham and his then girlfriend Teresa Ralph ("Ralph"). Malone and Mooneyham agreed to settle Mooneyham's claim for property damage arising out of the accident for $206. This settlement is not disputed. Malone also offered to settle Mooneyham's personal injury claim. This settlement offer was disputed at trial. According to Progressive, the original offer was $500 for pain and suffering, up to $2,500 for past medical expenses, and up to $2,500 for future medical expenses. Ralph testified that the original offer was $500 for pain and suffering and all medical bills for up to three years. Mooneyham testified that the original offer was $500 for pain and suffering and all medical bills relating to the accident forever. Regardless of the dispute and conflicting testimony, Mooneyham rejected the offer.
. Subsequently, Mooneyham hired attorney Richard Schwartz to represent him. Because Mooneyham had hired an attorney, his file was assigned to another Progressive adjuster, Bill Estes ("Estes"). On April 15, 2002, Estes wrote a letter to Schwartz and offered to settle Mooneyham's personal injury claim for $500 plus medical expenses accrued through April 19, 2002, which amounted to approximately $1,900. However, according to testimony, Schwartz never informed Mooneyham or Ralph of Estes' offer. Mooneyham and Ralph apparently learned of the offer for the first time at trial.
. On April 18, 2002, Mooneyham contacted Estes and informed him that he was no longer represented by an attorney and expressed his desire to settle his personal injury claim with Progressive. Estes confirmed that Mooneyham was no longer represented by Schwartz, who had declined to continue the representation after his own investigation revealed that the case involved a "very low impact" accident.
. On April 22, 2002, Estes contacted Mooneyham in an effort to settle his claim. Estes testified that he conveyed an offer to Mooneyham of "$500 only and no medicals." According to Estes, Mooneyham then handed the phone to Ralph, and Estes explained to her that the offer was "only for $500 and not the medicals." However, Ralph testified that there was no mention of medical bills in her conversation with Estes. According to both Estes and Ralph, Mooneyham took the phone back from Ralph and accepted Estes' settlement offer. Estes then informed Mooneyham that he would have to sign a release before Progressive would issue a settlement check. Mooneyham testified that he received the release and signed it without reading it or having it read to him, and thereafter received a settlement check from Progressive for $500. The release made clear that Mooneyham would be paid a total of only $500 for his claim.
. On September 4, 2002, Mooneyham filed a complaint against Progressive alleging fraud and bad faith. At trial, Mooneyham abandoned his bad faith claim. At the close of Mooneyham's case-in-chief, Progressive moved for a directed verdict. The trial court granted Progressive's motion, and Mooneyham now
Page 1 2 3 4 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|