A South Carolina jury's award of underinsured motorist benefits to a woman who alleged she was injured in an auto accident was completely offset by the amount she previously had received from the other driver's insurance carrier.
Facts and Allegations
Rhonda Kay Owens Odom alleged that she was injured when her vehicle was struck by a vehicle driven by Shaniqua Valisha Pressley.
Ms. Owens Odom sued Ms. Pressley for negligence.
Before trial, Ms. Pressley's liability carrier tendered its $25,000 policy to Ms. Owens Odom.
Ms. Owens Odom then pursued an underinsured motorist claim against Progressive Insurance Company, and a trial proceeded on the issue of her claimed injuries and damages.
Result
The jury determined that Ms. Owens Odom's damages totaled $24,000, which was offset to $0 due to the prior settlement of $25,000.
The case is Odom v. Pressley, No. 2018CP2100062 (S.C. Ct. Comm. Pl. Florence Co. March 25, 2019). Attorneys involved include: William Hatfield; Hatfield Temple, LLP; for Rhonda Kay Owens Odom. Jeffrey T. Ammons; Walker, Allen, Grice, Ammons & Foy, L.L.P.; Goldsboro, SC for Progressive Insurance Co.
Insurance Coverage Law Center 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.
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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].