Due to the negligence of a drunk driver, Kendall Geisenburg’s life would never be the same after her vehicle was abruptly hit by an impaired Mr. Jones on September 25th, 2014. Although Kendall was stopped at the time of the crash, there was nowhere for her to go and nothing she could do to avoid being hit. As witnesses at the scene saw Mr. Jones exiting his vehicle following the crash, he appeared extremely disoriented and notably impaired.
At the scene following the crash, Kendall immediately complained of severe neck and back pain. She never had any issues with her neck and back before, but would now suffer from lifelong, chronic pain. Shortly after the crash, Kendall began receiving medical care, but found the only thing that could help her deal with the pain was chiropractic care. Despite the chiropractic care helping her endure the pain, she was still forced to change her beloved career in the dental field to a less physically demanding job.
Throughout the years, Kendall never complained about the situation she was forced into because of the negligent actions of a drunk driver. Instead, Kendall just wanted to be treated fairly by Mr. Jones’ insurance company. However, his insurance company, GEICO, did not properly adjust Kendall’s claim even though it was proven that Mr. Jones was driving under the influence at the time of the crash. Since he had minimal insurance limits, Kendall had to seek help from her own underinsured motorist insurance company, State Farm.
Both Mr. Jones’ and Kendall’s insurance companies refused to help Kendall with the financial burden of her medical care. Kendall decided to contact her uncle, Jacksonville attorney Tad Delegal, for guidance. Although Mr. Delegal is an accomplished, board certified attorney who has owned his own law firm for many years, he knew it was best to refer his niece’s case to Matthew Posgay and the team at Coker Law to try and litigate.
As the case was litigated, State Farm hired a doctor to examine Kendall and give his expert opinion on the injuries she sustained from the crash. Despite his report being unfavorable for Kendall’s case, when he was forced to answer questions under oath in deposition, he admitted Kendall had permanent injuries due to the crash. Further, the doctor initially claimed that chiropractic care was not necessary for Kendall. However, the doctor eventually admitted that the chiropractic care was the only reason why she was still able to remain physically active and work full time.
For State Farm to recognize that the doctor they choose to examine Kendall was not always credible, although unusual, worked in her favor. The medical knowledge needed by an attorney and law firm to make a doctor change their mind is rare, but Coker Law’s experienced attorneys and highly trained staff, including a full-time investigator, positions us to expertly handle the most complicated and protracted of situations.
Coker Law strategically declined the opening offers from both insurance companies because they knew Kendall deserved way more than the pitiful amounts they initially offered. Shortly after the deposition, State Farm paid its policy limits to settle their part of the case. Due to the improper claims handling by GEICO, they paid 5 times their policy limits to settle Mr. Jones’ part of the case. In total, Coker Law’s diligent efforts and determination to bring Kendall justice won her a settlement of $150,000.
“Kendall is a polite, thoughtful, hardworking, and intelligent woman who knew she deserved to be treated fairly by both insurance companies,” said Coker Law Partner and Attorney Matthew Posgay. “She was never angry, but instead remained patient and trusted justice would be delivered to her. Thankfully, she gave all of us at Coker Law an opportunity to be her voice for justice.”
Case Title: Geisenburg v Jones/GEICO and State Farm Mutual Automobile Insurance Company
Attorneys/staff involved in case: Matthew Posgay, Denora Buben, Korrine Diggs
Date of Settlement: February 2020
Amount of Settlement: $150,000