Robert D. Kniesly v. Met Life Auto & Home, et al.

Breach of Contract - In May, 1996, USF&G issued an automobile liability policy on Plaintiff which
provided underinsured motorist coverage. Defendant, Met Life, purchased said
policy after January, 1997. Plaintiff, insured, was driving his 1990 Lincoln
approaching an intersection when a 1989 Ford Bronco driven by David L. Storey,
struck the Plaintiff's auto head-on while Mr. Story was intoxicated and driving on the wrong side of the road. The accident caused severe and permanent injuries
to plaintiff. Plaintiff settled with Mr. Storey's insurance carrier, State Farm
for Mr. Stories' policy limits of $50,000. Plaintiff sued upon his underinsured
policy for further and complete compensation for injuries and damages sustained
as a result of the accident and under the terms of the policy. Defendant, Met Life,
admitted liability, but disputed the extent of plaintiff's injuries. Plaintiff had previously had two bilateral arthoplasies in his knees which required revision after the accident. The issue at trial was whether these injuries were caused by the accident.

Prior to trial, Met Life offered plaintiff $20,000 to fully settle this claim. Parties made a high/low agreement of 15,000/ 85,000 and plaintiff waived attorney's fees. The plaintiff's medical bills totalled $38,000; lost wages were computed at $2,000.

Verdict for Plaintiff for $70,357.83 reduced by $50,000 previously paid by Mr. Stories's
insurance carrier.

Gregory M. Hansen, M.D., Omaha, Nebraska, orthopedic surgeon

Bernard Kratochvil, M.D., Omaha, Nebraska, orthopedic surgeon and
D.M. Gammel, M.D., area of expertise and place of practice unknown

According to cousel, the jury reached their decision by awarding plaintiff for injury to one knee. Some jurors had originally wanted to give him nothing and others wanted to award several hundred thousand. A compromise was reached by the verdict rendered. Reported by Tim Wollmer, Creighton Law, 2L