Vehicle crosses lane on exit ramp: Insurer denies coverage: Ankle fractures: Verdict

Law Reporter, May 2002

Koenke v. Allstate Ins. Co., Fla., Palm Beach County Cir. Ct., No. 99-5440 AD, July 13,2001.

Koenke, 26, exited a highway onto a two-lane ramp. A vehicle crossed into her lane at the top of the ramp, causing her to lose control of her vehicle and collide with a concrete barrier. The driver of the other vehicle left the scene of the collision.

Koenke suffered ankle fractures and a knee injury. Her medical expenses totaled approximately $160,000. She was a restaurant hostess earning approximately $18,000 to $20,000 annually but has been unable to return to work steadily since she was injured in the collision.

Koenke's insurance company denied coverage for the incident, arguing that Koenke had been negligent in driving at an excessive speed. She then brought a lawsuit based on her uninsured motorist claim against her insurer, alleging the driver that left the scene had caused the collision by crossing into her lane.

A jury awarded plaintiff about $1.9 million, finding the driver that left the scene 60 percent responsible and plaintiff 40 percent liable.

Plaintiff's experts were Bryant Buchner, accident reconstruction, Tallahassee, Fla.; James Clancy, foot injuries, and Jeffrey Press, knee injuries, both of Lake Worth, Fla.; and Ro Baltayan, vocational rehabilitation, and Bernard Pettingill, economics, both of Palm Beach Gardens, Fla.

Defendant's expert was Andrew Fore, accident reconstruction, Jupiter, Fla.

Plaintiff's Counsel

*William S. Williams, West Palm Beach, Fla.

*Lake H. Lytal III, West Palm Beach, Fla.