Pennsylvania Law Weekly
Volume XXV, Number 22
Copyright 2002 by American Lawyer Media, ALM LLC

June 3, 2002

Verdicts and Settlements

SHEPHERD V. ERIE INSURANCE CO. $2 MILLION SETTLEMENT

Date of Settlement: March 2002
Court and Case Number: N/A.
Judge: N/A.
Type of Action: Uninsured motorist claim.
Injuries: Degloving injury of the left foot; fractures of the second, third and fifth metatarsals of the left foot; left calcaneous and cuboid fractures; permanent scarring; gait dysfunction.
Plaintiff(s)' Attorney(s) : Joseph A. Quinn, Michelle M. Quinn, Hourigan, Kluger & Quinn, Wilkes-Barre.
Defense Attorney(s) : Robert Panowicz, Wilkes-Barre.
Plaintiff(s) - Expert(s) : Kenneth Gentilezza, M.D., physiatrist; Andrew Verzilli, Ph.D., economist; George Ritz, M.D., orthopedic surgery; Richard M. Jay, M.D., podiatrist; George Speace, M.D., plastic surgeon; Jack Henzes, M.D. orthopedic surgeon; Sanford Sternlieb, M.D., orthopedic surgeon. Defendant(s) Expert(s): N/A.

Comments:

Shortly after 5 p.m. on Oct. 12, 1997, David Shepherd, 55, was driving a Harley Davidson motorcycle on Lake Side Drive in Harveys Lake Borough. His wife Nancy was his passenger.

As they were driving around the lake, a group of three motorcycles approached traveling in the opposite direction. All three bikes were in Shepherd's lane of travel.

Shepherd was able to avoid the first two, but was struck head on by the third. Both Shepherd and his wife were thrown from the vehicle and sustained serious injuries. The tortfeasor was also thrown from his bike, but left the scene before providing identification.

After collecting $60,000 in UM coverage from their motorcycle insurance carrier, the Shepherds made UM claims against their personal auto policy and Shepherd s commercial business policy.
Erie tendered its $2 million policy limits prior to the arbitration hearing.