An insurance company has agreed to pay $100,000 to settle claims brought by a woman who alleged that she had been injured when the insured driver fell asleep while driving and hit her car.
Facts & Allegations
Patricia Nelson alleged that she was traveling in a Honda Accord when a Hyundai Elantra approached from the opposite direction. According to Ms. Nelson, the driver of the Elantra, Zehra Zaidi, lost control, crossed over the double yellow line, and collided head-on with the Accord.
Ms. Nelson filed claims against Ms. Zaidi, alleging that she had been negligent in the operation of the vehicle. She specifically contended that Ms. Zaidi had fallen asleep at the wheel.
The owner of the Elantra, Ali Zaidi, also was named as a defendant under a theory of vicarious liability.
The Zaidis did not actively dispute liability.
Result
The parties agreed to a $100,000 pre-suit settlement. The settlement was paid from the Zaidis' $100,000 policy with State Farm Insurance Cos.
The case is Nelson v. Zaidi (N.J. May 12, 2017). Attorneys involved include: Christopher L. Musmanno; Einhorn, Harris, Ascher, Barbarito & Frost, P.C.; Denville, NJ, for Patricia Nelson.
FC&S Legal Comment
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
Take the guesswork out of your claims settlements.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].