On June 10, 2004, Tau Sualevai was in his Ford Expedition, driving to his job as a tax examiner in Ogden, when a Saunder’s Advertising work truck pulled out from an auto parts store, directly into his path. Tau had no time to react and struck the truck with the right front bumper of his car. At the scene, Tau told emergency personnel that he could not move his arms or legs. He was taken to the emergency room and was there over three weeks before he was allowed to return home in a wheelchair.
Because Tau is a fighter, he vowed to recover the best he could. His injuries, however, were quite severe and included an “incomplete” spinal cord injury at the C3-4 level. The injury has resulted in permanent weakness, the right side being weaker than the left side, which leads to instability when walking. Despite his injuries, however, and with the help of his family, Tau started going to the gym 3-5 times a week in order to regain the strength he lost. After a few months, he was able to start conditioning himself by “walking” laps in the pool. Slowly, his strength began to return. Unfortunately, it returned at a much lower level than before the crash. Because he was unable (and is still unable) to work, his wife was forced to take a job to support the family. This has been very difficult for Tau, who before the crash took pride in working three (yes, three!) jobs to support his family.
From the start, the insurance company for the advertising company gave Tau the run-around. Soon, Tau became convinced that he would need the help of an attorney. That’s when he called our office. The other driver was insured by Cincinnati Insurance Company. Cincinnati dug deep into Tau’s past medical history, which revealed prior gout flare-ups and Type II diabetes. Cincinnati’s attorney argued that some of Tau’s lower extremity weakness, numbness and pain were caused in large part by his preexisting conditions. The insurance company also argued that Tau had not been paying attention immediately before the crash happened and that he bore the blame for the crash happening.
Tau’s medical bills were just over $60,000. Since Tau’s doctor did not think he could return to work, his lost income claim was quite large, over $800,000. Despite these amounts, however, the insurance company refused to offer Tau money that would compensate him for the permanent injury that he will have to live with the rest of his life. Their top offer before trial was $230,000. It was an easy decision to reject the offer and try the case in court.
The trial lasted seven days. At the end, the jury returned a unanimous verdict of $1,630,000. After the verdict was announced, attorneys for the insurance company told the judge they would appeal the amount of the verdict and request a new trial. The insurance company later agreed to resolve the case.
Published by: Ron Kramer
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