Kelley Uustal Trial Attorney
March 27, 1998

Allstate Bets Against Kelley/Uustal

On his way to Home Depot, a hardworking hotel maintenance man was injured in a crash when he was rear-ended by another driver. He was treated and released from the scene by paramedics and went to the ER with his wife where he was treated and released with some back and neck pain. He returned to the ER the next day with back pain and rib pain. Over the next several days, he developed ankle pain and headaches, which have continued to this day. He was diagnosed with a sinus tarsi syndrome in the left ankle, has been advised that he needs surgery. He was also diagnosed with post-traumatic headaches.

Allstate, the defendant driver’s liability carrier, originally only offered $11,000 of the $250,000 coverage prior to litigation. On the eve of trial, they upped that to $34,520 when they realized their predicament. They are now required to pay this verdict plus the Plaintiff’s attorney’s fees and costs. Todd McPharlin, the Kelley/Uustal Trial Attorney whose team brought this case to trial says that the final amount that Allstate will have to pay will exceed eight hundred thousand dollars.

“I guess that in this case Allstate gambled that if they kept saying ‘no’ that eventually we would just go away. But if you can get the case in front of a jury, which is what we do best, and they hear the truth, then that insurance company’s gamble is not a safe bet anymore,” said McPharlin.

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