CASE NAME: Joshua Walsh v. Charles Fox, et. al.
Case No. 37-2017-00009818-CU-PA-CTL, Judge John S. Meyer.
Mr. Walsh was driving a work truck with Bay Alarm on Riverside Drive, just East of New Bedford St, on March 23, 2015, when Mr. Fox was putting out a cigarette while driving his 2014 Toyota Tundra in the opposite direction. Since Mr. Fox was distracted when he was putting his cigarette out in an old coffee cup in his center console, he suddenly notice he had driven into opposing traffic.
Mr. Walsh tried to avoid the crash by moving to his right but it was too late. Mr. Fox struck his left rear side causing his work truck to spin. Mr. Walsh was transported via ambulance (Lakeside Fire Medic 3) to Sharp Memorial Hospital in San Diego.
He followed up with his work comp doctors who performed a two-level surgical fusion surgery in his low back (lumbar region). His lead surgeon was Dr. Erick Korsh, MD. I got the case shortly after medical care began for Mr. Walsh under workers' compensation.
The defense argued that Mr. Walsh had prior complaints to his low back from his time in the US Navy. I managed to obtain the $100,000.00 policy limits under Mr. Fox's policy prior to trial. I then filed for UIM (under-insured motorist) benefits under Bay Alarm's policy which insured Mr. Walsh's work truck. At this point I hired my trusted ally, Mr. Edward J. Babbitt, to be my co-trial counsel on the case. I cannot say enough how invaluable he was to this case. Mr. Babbitt and I developed a winning strategy to prepare this case for arbitration. The defense hired Dr. Ken Ostrup who asserted the prior lumbar complaints in the Navy were the main culprit of Mr. Walsh's claimed injuries.
Make no mistake - the insurance company will defend your case with any weapon they can muster, and they will scrutinize your past medical records whenever they can. Happily, the case settled for $350,000.00 just prior to arbitration that was set to begin with retired Judge Herb Hoffman with Judicate West in San Diego. The workers' compensation lien was North of $185,000.00, but I was successful in negotiating that lien down to $33,333.00 leaving a $151,667.00 benefit to Mr. Walsh. Total settlement was $601,667.00.