Make that another win for The Decker Law Firm against a major insurance company.
Attorney Jeffrey P. Partington, a Partner at The Decker Law Firm, resolved a personal injury case against State Farm Mutual Automobile Insurance Co. through a jury verdict that awarded the plaintiff $300,000.00 for bodily injuries, medical bills, pain and suffering, inconvenience and emotional distress. The case, Price v. Porter, was decided by a Portsmouth jury.
“Our firm has served Hampton Roads for more than 60 years, and we’re not afraid to go up against big insurance companies and fight, so our clients receive justice. That’s the most rewarding part of my job,” Partington said.
On Dec. 28, 2018, plaintiff Mr. Price was stopped in his Mercedes-Benz SUV on Volvo Parkway and Greenbrier Parkway in Chesapeake when defendant Porter rear-ended him in his Dodge Caravan. Porter testified that he was driving 10 mph when his car struck the Mercedes. Although Price’s vehicle did not sustain significant visible property damage, the front end of the Caravan dipped from the brakes being hit so hard, causing it to go underneath the rear of the Mercedes. The motion jolted Price upward.
“My client hit his head on the ceiling of the car and jammed his neck,” Partington said. “He was thrown forward, which jammed his arms into his shoulders because of how he was holding the steering wheel.”
Price, 64 years old at the time of the accident, sustained injuries to both shoulders and his neck. He underwent separate rotator cuff surgeries and a cervical fusion — three operations within a year. The injuries required multiple rounds of physical therapy.
Porter’s insurance carrier, Geico, paid their $100,000.00 of liability coverage prior to trial. State Farm declined to make any offer whatsoever prior to trial under Price’s Underinsured Motorist Coverage. At the time of the accident, he had been an independent State Farm agent for approximately 30 years.
In a two-day trial on Dec. 5-6, 2022 in the Portsmouth Circuit Court with the Honorable Joel P. Crowe presiding, Partington presented $132,000 of medical bills that included an emergency room visit, imaging, physician and surgical expenses and physical therapy on behalf of the plaintiff.
State Farm’s defense argued that Price’s three surgeries were due to preexisting degenerative conditions rather than the accident.
Despite the low-speed impact and unimpressive property damage photographs. the jury decided in favor of the plaintiff with a verdict for $300,000.00.
“My client and I were pleased with the verdict,” Partington said. “In this case, you have someone who you would think would be treated right, but so many insurance companies do not care. We are finding many insurance companies refusing to make reasonable offers. Here, we were offered zero. We had nothing to lose and everything to gain by going to trial.”
“A lot of lawyers are afraid to go to court against big insurance companies, but not us. If we think it’s a case that needs to go to court, The Decker Firm is going to take it to court and fight for justice for our clients.”
Decker, Cardon, Thomas, Weintraub & Neskis, PC specializes in personal injury, criminal defense, and traffic law with added expertise in wills, trusts, estates, business law and medical malpractice. Its attorneys practice in all seven cities of the Hampton Roads region.
