Michael A. Fiumara, Fiumara Law, Santa Rosa, California
Donald Edgar and Jeremy Fietz, Edgar Law Firm, Santa Rosa, California
State Farm Insurance Company
This claim for personal injury damages was brought on behalf of Edgar Romero Blanco, a 31-year-old man who was seated with two other passengers in a car driven by his co-worker that collided head-on with a pick-up driven by David Kenneth Pearl. It was undisputed that Mr. Pearl caused the accident by crossing over the double yellow line. As a result of the accident, Mr. Blanco suffered a seizure and lost consciousness. One of the other passengers was injured and two of the other passengers were killed. Blanco was emergently treated for lacerations of the scalp and ear, and a deep wound to the front of his left knee. Mr. Blanco spent approximately one week in the hospital following his accident. Mr. Blanco was subsequently treated with physical therapy; no surgery was scheduled at the time of mediation.
Approximately seven months after the accident and shortly after State Farm tendered the $1.5 million dollar policy limits, mediation with Nicholas Lowe was held between the attorneys for Mr. Blanco and attorneys for the other three occupants of the vehicle in which Mr. Blanco was a passenger. Essentially the two wrongful death claims and two personal injury complainants were vying for their share of the defendant’s tendered policy limits.
Result: Mr. Blanco, through his counsel at mediation, settled his claims for $430,000