An army widow reached two settlements for the policy limits after being hit by a man who attempted to make a left turn while his hood was popped open. On February 03, 2020 Defendant John Thieman was traveling north on Bellefountaine Road when he attempted to make a left on to Muriel Drive. His view of vehicles coming south on Bellefountaine Road was fully obstructed by his hood being popped open. This minor detail did not seem to factor in to his decision to initiate his left hand turn.
It was no surprise that this reckless act resulted in an accident. The plaintiff Arlene Foster was traveling south on Bellefontaine Road. The Defendant turned into her suddenly and without warning, hitting her vehicle on the driver's side door.
Ms. Foster was taken by ambulance to the hospital where she was initially treated for back and neck injuries. In the days after the accident she developed pain in her right shoulder. This pain effected her activities of daily living and made it difficult for her to sleep at night.
An MRI revealed a partial rotator cuff tear of her right shoulder. Dr. Joshua Nadaud of Agility Orthopaedics recommended surgery. State Farm tendered their full $25,000 policy limits along with an affidavit of no excess coverage. The Hartford thereafter paid the full $25,000 underinsured limits and $5,000 in medical payments coverage.