ZK Result – Attorney Aaron Weiss Obtains Defense Win in Underinsured Motorist Coverage Auto Accident Jury Trial
(Washington, PA) (February 2020). After a three day civil jury trial in the Court of Common Pleas of Washington County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict for Progressive Advanced Insurance Company in an Underinsured Motorist (UIM) case involving in a rear-end automobile accident.
The Plaintiff alleged she had to undergo a left hip replacement and ongoing neck pain as a result of the accident. The Defense stipulated to liability for the accident, but presented evidence that (1) Plaintiff had a significant prior history of similar medical issues, (2) her left hip replacement was due to degenerative arthritis, and (3) she was not entitled to pain and suffering in light of her limited tort auto insurance election. The jury deliberated for over four hours and returned a verdict of $15,000, which was less than the settlement credit from the underlying tortfeasor. Thus, the verdict was molded to $0.