Auto accident complications led to second injury, plaintiff claims – $250,000 Settlement

Defendant driver ran a red light and t-boned the elderly plaintiff. Plaintiff’s injuries included a broken pelvis and wrist. She was hospitalized, then went to rehabilitation. Due to severe pain, the plaintiff had trouble sleeping, so her doctor prescribed Ambien. While taking the medication, she had a sleepwalking incident during which she fell and broke her back. She will need permanent round-the-clock care, as she is no longer able to use her hands or feet properly. Policy limit was demanded and received. The difficult issue in the case was the connection between the fall while on Ambien and the car accident.

Type of action: Personal injury – auto accident
Injuries alleged: Auto accident – broken pelvis and wrist; sleepwalking accident – broken back, resulting lifelong injuries that will require permanent round-the-clock care
Name of case: Hounshell v. Hutzler
Court: Frederick County Circuit Court
Date resolved: May 21, 2012
Demand: $250,000 (policy limits)
Verdict or settlement: Settlement
Amount: $250,000 ($25,000 from defendant; $225,000 from UIM)
Attorney for plaintiff: Marilyn A. Solomon, Winchester
Insurance carriers: 21st Century (liability); Encompass (UIM)