Michael D. Payne Verdicts/Settlements
The following represents a summary of some of Mr. Payne’s verdicts and settlements:
Mr. Payne and his co-counsel received a jury verdict in a wrongful death/negligence lawsuit filed by the 80-year-old parents for the wrongful death of their 42-year-old daughter. The daughter was killed by her boyfriend before killing himself. The matter proceeded to trial against the Estate of the deceased boyfriend. The offer before trial was $200,000. The jury returned a verdict in the amount of $6,850,000.
Mr. Payne settled a medical malpractice and premises liability case. The insurance company denied liability and made no offer in the case. The client dove into the shallow end of a swimming pool. The insurance company said it was the victim’s fault. The client sustained a fracture at C-4 following the swimming pool accident. After the diving accident, the client then received negligent medical care (failure to diagnose the fracture) at a local community hospital. The client received a settlement in the amount of $3,897,000 from the property owner where the pool was located and the hospital where she received medical care.
Mr. Payne settled a car accident case. The insurance company would not make an offer for settlement before a lawsuit was filed. After reviewing over 10,000 pages of the plaintiff’s medical records regarding prior injuries the insurance company said the plaintiff’s injuries occurred before the accident. The plaintiff had neck, back and shoulder injuries in the accident. She also sustained a laceration to her head. The client received a settlement of $625,000 after the matter went into litigation.
Mr. Payne settled a matter on behalf of a client in an automobile accident. The client sustained lower back and neck injuries. The insurance company denied any liability for the accident. The matter settled for $450,000.
Mr. Payne obtained a $400,000 verdict in a medical malpractice case where a chemo therapy patient sustained damage to his arm due to infiltration. The offer at a settlement conference was $2,500. The jury verdict was unanimous.
Mr. Payne settled an auto accident matter. The client had a previous attorney who was unable to secure any offers. In the auto accident, the client’s father was struck by another vehicle. The client’s father had a heart attack at the scene of the accident and died. The insurance company denied liability and said the heart attack was due to preexisting cardiovascular disease. The case settled for the maximum amount of insurance available or $300,000.
Mr. Payne represented the passengers in a rollover off-road vehicle accident in Mexico. The occupants sustained neck and back injuries. The matter settled for the maximum amount of insurance or $300,000.
Mr. Payne represented an elderly woman who fell down a flight of stairs injuring her knee. The insurance company claimed she fell due to her weight. She had a documented history of prior falls and hypertension. The insurance company made no offers. Mr. Payne settled the matter for $185,000.
Mr. Payne represented the driver of a vehicle in a low-speed collision. The client had sustained a lower back injury. Surgery was not required. The insurance company offered $500. Mr. Payne settled the case for $175,000.
Mr. Payne represented a person who suffered a back injury and meniscus tear to the knee following an accident. The insurance company denied liability. The matter settled for $175,000.
Mr. Payne represented a client in a freeway accident. The client was rear-ended by a semi truck at a low speed. The client suffered a lower back injury. The insurance company offered the client $1,500. The case settled for $85,000.
Mr. Payne represented a minor (five-year-old) who suffered an injury to his little finger when a gate closed on it at school. The school district did not make a single offer until the lawsuit was filed. In an action against the school district, Mr. Payne was able to resolve the matter for $75,000.
Mr. Payne represented a jogger who was chased by a dog in the street. The jogger was not attacked by the dog. The jogger tried to avoid being attacked by the dog and in the process injured his leg. The insurance company made no offers on the case. Mr. Payne settled the matter with the insurance company for the property owner of the dog for $47,000.
Mr. Payne represented a high net worth client being sued for fraud over the sale of his business. The person suing Mr. Payne’s client was asking for millions of dollars and punitive damages. The result at trial was a verdict in favor of Mr. Payne’s client.
Mr. Payne represented a high net worth client being sued for breach of contract and fraud by his personal assistant. The person suing Mr. Payne’s client was seeking 20 years of lost wages and punitive damages. The result at trial was a verdict in favor of Mr. Payne’s client.