Man suffered extensive injuries in dump truck collision

Several claims over coverage emerged
$850,000

Defendant Land Escape was the titled owner of a 1996 dump truck registered in its name. The dump truck was pulling a wood chipper hwose brake had been disabled. The truck was being driven by defendant Delbert Rosenberry, who was employed by Land Escape and to whom Land Escape (though it’s principal Christopher Yatooma) gave the keys.

On June 20, 2011, at about 3:30pm, while driving on Middlebelt Road, Rosenberry rear-ended the vehicle in front of him, then crossed the center line, striking a an driven by plaintiff 39-year-old Alan Hughes.

From this straightforward, clear-liability accident, several claims have sprouted related to (1) insurance coverage through Secura for defendants Land Escape and/or Rosenberry, its employee; (2) a consequent uninsured motorist claim filed against Citizens Insurance Co. by plaintiff Hughes; and (3) a consequent lawsuit filed by Land Escape against its insurance agent, Insurance Advisors Inc. concerning coverage.

The case evaluation was $1.1 million. The matter went before the Michigan court of Appeals on matters of coverage. After the appellate matters were over, the case settled for $850,000.

Louis G. Corey, counsel for plaintiff; provided case information.

• Type of action: Third-party auto negligence, uninsured motorist claim
• Injuries alleged: Left hip dislocation requiring surgical repair, tibial plateau fracture requiring surgical repair, ongoing and disabling post-traumatic stress disorder, burns and scarring over legs, neuropathy in legs, arthritic conditions
• Name of case: Hughes v. Rosenberry
• Court/Case no./Date: Oakland County Circuit Court; 11-122995-NI; June 14, 2016Name of judge: Hon. Denis Langford Morris
• Name of facilitator: Peter M. Ruggierello
• Case evaluation: $1.1 million
• Facilitation settlement: $850,000
• Insurance carrier: Citizens

Attorney for plaintiff: Louis G. Corey
Attorneys for defendants: Christopher P. Jelinek (defendant Citizens); Gavin J. Fleming (defendant Land Escape); John J. Schutza (defendant Insurance Advisors)

This story originally appeared in the Michigan Lawyers Weekly on September 9, 2016.