A 77-year-old female pedestrian who was struck by a Panda Express delivery vehicle and suffered predominantly a hip fracture has settled her claim against Panda Express for $1,000,000 without ever filing suit. She was represented by the Chicago-based personal injury law firm, Passen & Powell.
On February 1, 2019, Rosemary Haraldsson was walking from her parked vehicle into the Sam’s Club Located at 333 North Milwaukee Avenue in Vernon Hills, Illinois. As she approached the store entrance, she was struck by a Panda Express delivery vehicle and was pinned underneath the vehicle.
Ms. Haraldsson was taken by paramedics to Condell Medical Center where she was diagnosed with multiple traumatic injuries, most notably a left hip fracture that required surgery. After several months of rehabilitation, Ms. Haraldsson has made a remarkable recovery and has returned to her pre-accident level of function.
When Ms. Haraldsson and her family hired Passen & Powell, plenty of time remained in the two-year statute of limitations – the time in which a lawsuit would need to be filed. Through its investigation, Passen & Powell learned that the driver of the Panda Express vehicle was found guilty of Careless and Negligent Driving and that as part of his sentence, his license was suspended pending a medical evaluation and clearance from a physician.
The investigation also revealed that the insurance policy covering the Panda Express vehicle had bodily injury policy limits of $1,000,000.
Although the nature of Ms. Haraldsson’s injuries ordinarily would not justify $1,000,000 in damages, Passen & Powell made a time-sensitive policy limits demand with the threat of a lawsuit potentially seeking punitive damages due to the Panda Express driver’s fitness (or lack thereof) to drive a company vehicle.
Eventually, the $1,000,000 insurance policy limits was offered, and a lawsuit was not filed. Jordan S. Powell and Matthew A. Passen of Passen & Powell represented Rosemary Haraldsson.
“Fortunately, Rosemary has made a tremendous recovery, but she still deals with the haunting memory of being pinned under the vehicle. She is happy that Panda Express has accepted responsibility for the careless acts of one of its drivers and takes comfort knowing that this driver is no longer on the road,” says Jordan Powell, one of the attorneys for Haraldsson.
For more information, contact Passen & Powell at 312-527-4500 or visit www.passenpowell.com.