Morgyn Graber (left) and Darl Champion of The Champion Firm. (Courtesy photo) Morgyn Graber (left) and Darl Champion of The Champion Firm. (Courtesy photo)

A woman with grave and permanent injuries after being hit a year ago by a DUI driver—who had run a red light and had already struck a pedestrian—has reached a nearly $10 million settlement with the insurer of the at-fault driver's company.

Plaintiffs attorney Darl Champion said negotiations for another $300,000 in uninsured/underinsured motorist coverage continue, and he is now contemplating a dram shop action against the bar that allegedly provided the defendant driver's booze.

Champion said key elements to the relatively speedy resolution of the case was the undeniable extent of the injuries suffered by his client, along with evidence from the defendant's data recorder showing he had been traveling at least 70 miles an hour when he plowed into the crash victim.

In August, Champion sent a time-limited demand letter to the defendant's insurer, Travelers, noting that his client, Lindsey Pike, had already incurred nearly $1.4 million in medical bills and was likely to need at least another $1.1 million for future care.

"They actually came back a week before the limit expired and said, 'OK, we'll pay it,'" he said. "This is one example of an insurance company doing the right thing and protecting their client," said Champion, who represents Pike with Champion Firm colleague Morgyn Graber.

According to Champion and case documents Pike, then 37, was driving a GMC Acadia SUV in Cartersville last November and attempting to turn on green light when a Ford F-150 slammed into her.

The pickup's driver, Trey Wilson, "had apparently already clipped a pedestrian with his side mirror, so his truck was missing a mirror when he hit her," Champion said.

A car with two eyewitnesses was following Wilson and had called 911 to report a drunken driver when he hit Pike.

"They had already called 911, and you can hear them respond when he hit my driver," said Champion. "He never even slowed down."

Pike had to be cut out of the destroyed SUV and suffered injuries to her brain and face, a ruptured bladder and lacerated liver, as well as multiple fractures and broken bones, including damage to her spine, ribs, legs and pelvis. She was taken by helicopter to Grady Memorial Hospital in Atlanta, where she spent more than three weeks in intensive care before being transferred to Emory University Hospital for acute rehabilitation.

Wilson's blood alcohol content was 0.185, more than twice the legal limit. He was arrested and charged with multiple offenses, including DUI, hit-and-run and driving on a suspended license. He has since returned to his home in Ohio, Champion said.

"He's not in prison," said Champion. "He was originally charged with misdemeanors, but we expect him to be indicted on a felony charge. He was fired, of course."

Champion said that, when he was retained, Pike was "basically comatose," and the lawyers had her mother, Francis Deffendorf, appointed as her guardian.

Wilson was driving a truck belonging to his employer, Ironville Rail & Transfer of Toledo, Ohio, and in February Deffendorf sued Wilson, Ironville and related corporate defendants in Gwinnett County State Court; the defendants had the case removed to federal court in Atlanta.

Irondale's $10 million Travelers coverage had been "somewhat eroded" by claims related to the pedestrian who was struck, Champion said, and in August he sent a letter demanding the remaining $9,869,695 with a 30-day limit to accept.

Travelers accepted the terms, and Champion said he expects the check to arrive any day.

He said Pike has improved but is still in a wheelchair and can only take a couple of steps with a walker.

"She'll never be in the condition she was in before the wreck; she's got a traumatic brain injury, and she still has so many other injuries," he said. "At least now she can get a handicapped-accessible house."

Wilson is represented by Warner Fox and Elliott Ream of Hawkins Parnell & Young.

"This was a very bad accident and, unfortunately, Ms. Pike was terribly injured," said Fox via email. "Based on discovery, she will face a long road to recovery ahead of her. My client feels very badly about it, and the insurer did the right thing and put this behind everyone."

Ironville's counsel includes Dara Mann, Richard Amoroso and Deborah Lempogo of Squire Patton Boggs; they did not respond to a request for comment.

Champion is also seeking $300,000 in UM coverage from Pike's USAA policy.

In a July filing, USAA's lawyer David A. Olson of Fain, Major and Brennan argued that the defendants were not uninsured or underinsured and that his client should be dismissed from the case.

"I'm not sure why they're balking," said Champion. "It seems like a clear case to me that they should pay."

Olson did not respond to a request for comment.

Champion said that, with the settlement largely taken care of, he will now turn his attention to the bar that reportedly served Wilson.

"We sent them a letter saying evidence needed to be preserved, that there might be a spoliation issue," he said. "They never responded, so we said, 'Let's put the dram shop case on ice.'

"As we were getting close to settlement, we sent a demand letter to the bar," Champion said. "I heard from their lawyer this week; we think there will be a dram shop case coming too."

Greg Land

Greg Land

Greg Land covers topics including verdicts and settlements and insurance-related litigation for the Daily Report in Atlanta.

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