Type of action: Underinsurance/Uninsurance Arbitration

Tried before judge or jury (or mediation): Robert Larkin, Esq. (arbitrator)

Amount (specify award or settlement): $150, 000.00

Date (of verdict or settlement): September 10, 2001

Highest Offer: $50,000.00

Attorney for plaintiff(s) and city of office: Kenneth I. Kolpan

Other useful information:

On August 30, 1997, Claimant was a fourteen year old front seat, unbelted passenger in her mother's car traveling southbound on Route 24 when another vehicle, traveling southbound in adjacent lane, cut in front of their vehicle. The claimant and the operator each testified that the phantom vehicle caused their vehicle to veer in to the guard rail. The claimant's mother lost control of their vehicle and it slid across three lanes of traffic and came to rest against a boulder. The phantom vehicle was never identified.

Claimant struck her head on the dashboard, the window was starred. She broke a tooth. Claimant returned to school as a ninth grader but had difficulty in her courses, and had numerous absences. During the ensuing four years, claimant was treated by her pediatrician and neurologist. She was also prescribed Prozac for depression.

At the time of the arbitration, claimant had graduated high school. But her treating physicians opined that she currently has a "disabling depression" requiring special accommodations should she attend college. Claimant's expert, Dr. Thomas Deters, diagnosed with post traumatic stress disorder.

Respondent (insurer) offered expert testimony of Nancy Hebben, PhD and Robert A. Levine, M.D., neither of whom examined the claimant. Dr. Hebben opined that the claimant did not suffer from post traumatic stress disorder.

Matter was tried before Robert Larkin, Esq. who awarded claimant $150,000. (Claimant's mother was awarded $25,000 for damages she sustained in the accident.)