Gary Powell (left) and Thomas Ashenden of Ashenden & Associates. (Courtesy photos)

Sometimes the system works. Just ask Gary Powell.   

As a one of two lawyers with Sandy Springs, Georgia, personal injury boutique Ashenden & Associates, Powell and founding partner Tom Ashenden were gearing up to wrestle with the insurer when they were asked to represent an elderly client badly injured when she fell into a garage pit at a Toccoa oil-change center.

"This was a little, 78-year-old lady from southern South Carolina who went to of these oil-change places where you drive over a pit and wait while they change your oil," Powell said.  

One morning in April, she and her husband set out to get their car detailed and have the oil changed in preparation for a drive to visit her brother in Mississippi, their first trip since the COVID-19 pandemic hit.

His client, whom Powell said preferred to remain anonymous, parked over the pit at the Bulldogs Xpress Lube & Car Wash, and she and her husband—a pastor who suffers from dementia and requires a walker—were going to exit the crossover SUV and wait while it was serviced.

"As she got out and went around back to get his walker out of the hatchback, there was a metal grate over the pit," said Powell. "It wasn't locked into place, and she fell straight through."

The woman suffered a broken shoulder and six broken ribs and was in intensive care for a week. She later had to be readmitted to the hospital. 

"She was black and blue from head to toe," he said.  

"She was her husband's caregiver, and there was a heavy burden on her and her family," said Powell. "We were at about $234,000 in medical bills and still counting."

"Because she was the primary caregiver for her husband, his potential loss of consortium claim was one of the largest we've ever dealt with, and it contributed greatly into case evaluation," Powell said.

After notice of the claim was filed, he said, "we never even sent a demand letter."

"There was a video of the incident we never even saw," Powell said. "We updated the adjuster with the medicals collected, and shortly after they tendered their $1 million limits."

Powell said he appreciated Nationwide's assistance in resolving his client's claims without any legal maneuvering.   

"She's as sweet as the day is long and a bit of a pistol, too," he said.

A Nationwide media representative said he would look into the case and try to provide a response, but none had been received by press time.

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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