Plaintiff’s decedent was an elderly woman riding in a Medicare provided van to her doctor’s appointment. A vehicle owned by Imperial was driving on the divided highway in the opposite direction. That car crossed the median, jumped over the guard rail and bounced into the second lane hitting head on the vehicle our client was riding in killing her. CGHP opened an estate for the purpose of conducting discovery and possibly bringing suit and issued subpoena’s to discover all of the facts regarding the accident. There was a question about whether a medical event to the adverse driver had caused the accident which could have avoided responsibility. This firm subpoenaed the driver’s medical records and liability was admitted for purposes of settlement. The case settled through negotiations before suit was filed.
Smith v. Imperial Trading Company and Estate of Watson