Hair stylist breaks dominant hand in car accident

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A right-handed hair stylist was riding as a front-seat passenger when the driver crashed into the car in front of him at high speed. The car was totaled.

The 37-year-old plaintiff passenger had raised his hands in front of his face in anticipation of the collision. Upon impact, the airbags deployed, pushing the plaintiff’s head and right wrist into the passenger side window.

An ambulance transported the plaintiff to a local hospital. Although there was a visible hematoma on the frontal portion of the scalp, a CT scan ruled out any serious injuries to the head or neck. Wrist X-rays revealed a fracture of the right distal radius. A brace was applied with instructions on discharge to follow up with an orthopedist.

Two days later, the plaintiff consulted with an orthopedic surgeon in New Hampshire. After unsuccessfully attempting closed reduction, the surgeon implanted a metal plate with screws to stabilize the wrist. After a few follow-up visits, the plaintiff was medically cleared to return to work at full capacity with no restrictions. A faded, permanent 2-inch scar along the ventral surface of the wrist remains.

The plaintiff resumed his full-time work schedule within two months of the crash, with total lost wages of $7,200. Total medical bills approached $25,000.

A demand was entered for the full policy limits of $100,000. The defendant driver had since moved out of state and did not participate in the litigation; regardless, liability had been reasonably clear from the outset. Over a period of a year, the liability carrier made six settlement offers along a spectrum beginning at $45,000 and ending, on the day before the assessment of damages hearing, at the policy limits of $100,000, with no facts having changed in the interim. The plaintiff did not adjust from his demand for an agreement for judgment for $100,000, which, by entering the judgment on the docket, potentially would have allowed the damages to double or triple in a subsequent 93A case. That demand was rejected by the defendant on the eve of the assessment hearing. Damages were assessed by the court at $181,683.

The plaintiff is currently pursuing recovery of the excess amount of the judgment via an assignment of the defendant’s rights, coupled with claims under chapters 93A and 176D for the carrier’s willful and knowing exposure of its insured driver to the excess verdict and refusal to settle for the policy limits.

The plaintiff is also pursuing a direct claim against the carrier for willfully and knowingly forcing him to litigate the case and failing to effectuate a prompt and fair settlement, among other statutory violations.

Action: Motor vehicle negligence

Injuries alleged: Fractured radius

Name of case: Fielding v. Bass

Court/case no.: Suffolk Superior Court, No. SUCV2013-01462-E

Jury and/or judge: Judge Shannon Frison

Amount: $181,683

Date: June 23, 2014

Attorney: Michael T. Lennon, Lennon Law Firm, Boston (for the plaintiff)