MEMPHIS, Tenn.--(BUSINESS WIRE)--A Shelby County Circuit Court jury has awarded Emil and Kathryn Sadowski a $2.7 million judgment for injuries and damages received when an uninsured driver plowed a souped-up Subaru into their Lexus on Hwy 64 near Wolfchase Galleria.
The jury found uninsured motorist Chamroerun Kheiv 85 percent at fault for the accident and proportionately responsible for its $3.2 million judgment. State Farm Mutual Auto Insurance Company and State Farm Fire and Casualty Company defended Kheiv at trial. State Farm Fire had $2.5 million of uninsured motorist coverage in force for the Sadowskis at the time of the March 11, 2012 accident.
State Farm did not offer to settle prior to the trial before Judge Jerry Stokes in Shelby County Circuit Court Division 6. (Docket No. CT-002050-12)
R. Sadler Bailey of Bailey & Greer, PLLC in Memphis and Donald Capparella of Dodson Parker Behm & Capparella PC in Nashville represented the Sadowskis, who lived independently and had enjoyed Sunday dinner out before their vehicle was struck. Afterwards, Emil was hospitalized for nine days then moved to long-term care and Katheryn lingered 60 days before she succumbed to her injuries and died in May 2012.
“This tragic and horrific accident was caused by a reckless, out-of-control, uninsured motorist. Yet, State Farm vigorously denied the claim and sought to blame the accident on 90-year-old Emil Sadowski,” Bailey said. “State Farm owed a duty of good faith and fair dealing to the Sadowskis, who had paid their premiums for 30 years.”
“Recent changes in state law by the Tennessee Legislature imposed a $750,000 cap on non-economic damages. Those are damages for pain and suffering, such as those Katheryn and Emil endured,” he said. “In other states, high courts have struck down as unconstitutional attempts to take such decisions away from juries. This case could provide an opportunity to present the issue to the Tennessee Supreme Court.”
“Another significant issue in the case is the bad faith of State Farm,” Bailey said.
“Under recent changes in Tennessee law, insurance companies are no longer subject to the punishments of the Tennessee Consumer Protection Act (TCAP). Before the changes, State Farm would have faced potential liability of treble damages plus attorney’s fees for its bad faith handling of the claim,” he said. “Now, after our Legislature has exempted insurance companies from TCAP, it appears that we have a wrong without a remedy. Hopefully, that issue too could be headed to the Tennessee Supreme Court.”
Bailey & Greer, PLLC is a well-established Memphis area law firm with a record of accomplishment in representing plaintiffs in medical and legal malpractice, birth injury, auto and truck accident, wrongful death and whistleblower cases, among others.
