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$________ Personal Negligence – Driver takes sharp turn and tips over ATV, trapping passenger’s leg underneath – Right tibia-fibula open fractures – Below-the-knee amputation.

Charleston County, SC

In this claim for personal negligence, the plaintiff alleged that the defendant’s negligence resulted in the amputation of his lower left leg. The defense denied the allegations and argued comparative negligence.

In ________, the parties were spending the weekend on the defendant’s farm when they decided to take the defendant’s new ATV out for a ride. The defendant was driving and the plaintiff was in the passenger seat when the defendant made a sharp turn and the vehicle tipped over; catching the plaintiff’s right leg underneath. As a result, the plaintiff’s lower left leg had to be amputated from the knee down causing the plaintiff to need a prosthetic device for life and causing the plaintiff to lose his job.

Prior to instituting a formal lawsuit, the plaintiff made a “Tyger River” demand on the defendant’s insurance carrier which holds the insurer to settle a personal injury claim when reasonable. Thus, the plaintiff demanded that the defendant’s insurer tender its policy limits of $________ in order to settle the matter and avoid suit. The plaintiff alleged that the defendant’s negligence caused the roll-over; citing owners’ manual instructions that warned against sharp turns and abrupt maneuvers. Thus, the plaintiff asserted that the defendant’s failure to maintain adequate control the ATV proximately caused the plaintiff’s injuries. The plaintiff also argued that the defendant was driving the vehicle at an excessive rate of speed.

The defendant insurer challenged the demand for policy limits citing evidence showing that both parties had been consuming alcohol on the day of the accident. Therefore, the insurer argued comparative negligence.In light of this evidence, the matter settled with a $________ recovery for the plaintiff.

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