By Anne C. Vitale
A motorist claiming that her multiple sclerosis was aggravated by injuries suffered in a collision with an uninsured drunken driver has settled her claims with her uninsured motorist carrier for $400,000.
The parties settled before suit was filed in Greene County.
Robin Creemer, 54, was injured in a head-on collision in September 2005. She was hit by Shawna Newton, 45, who was driving drunk and without insurance. Creemer suffered injuries to her shoulder, neck and back.
Before the accident, Creemer had been diagnosed with multiple sclerosis. She claimed the injuries she suffered in the accident and her subsequent treatment aggravated the MS and caused complications with a baclofen pump that had been installed in her spine. She underwent multiple surgeries on her shoulder and back and incurred $332,417 in medical bills.
The primary issue with Creemer’s claim was causation. She had experienced some discomfort in her lower back before the accident.
Films taken a few weeks before the accident and retaken immediately after the accident showed substantial changes to Creemer’s spine. One of Creemer’s treating physicians attributed all of her treatment, including surgeries to adjust the baclofen pump, to the car accident.
Creemer demanded that State Farm stack her four insurance policies with the carrier. Each policy included $100,000 in uninsured motorist coverage.
According to plaintiff’s attorney Craig R. Heidemann, of Douglas, Haun & Heidemann in Bolivar, State Farm chose to pay the $400,000 policy limits after considering the extent of Creemer’s injuries and the amount of her damages.
Representatives from State Farm declined to comment on the settlement.
■ $400,000 settlement
■ Personal injury
■ Case Number/Date: Not filed/Aug. 13, 2008
■ Special Damages: $332,417 medical expenses
■ Insurance Carrier: State Farm Mutual Automobile Insurance Co.
■ Caption: Robin Creemer v. Shawna Newton
■ Plaintiff’s Attorneys: Craig R. Heidemann and Nathan A. Duncan, Douglas, Haun & Heidemann, Bolivar
■ Defendant’s Attorney: None
February 16, 2009
