News - Foley & Small Obtains $200,000 Verdict

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            A jury in the St. Joseph Superior Court on September 19 entered a verdict of $200,000.00 in favor of a South Bend man, Stanley Klaybor, against State Farm Mutual Automobile Insurance Company.  Mr. Klaybor had been hit by a minivan at the intersection of Mayflower Road and Western Avenue on September 25, 2009.  He suffered various injuries, principally to his lower right back.  The other driver had the minimum state coverage, which was paid.  Mr. Klaybor sought further payment for his injuries and losses from his underinsured motorist coverage provided under his State Farm auto policy.  Mr. Klaybor suffered persistent low back symptoms which after two years of various treatments resulted in a back surgery.  State Farm disputed the claim asserting that Mr. Klaybor had later injured his back when attempting to rescue a friend who had fallen through the ice when the two were ice fishing at the Potato Creek State Park.  Mr. Klaybor denied having suffered a new back injury in the effort to save his friend and the medical documentation and providers supported his assertion.  Mr. Klaybor is a retired South Bend school teacher who coached football and track teams at Washington and LaSalle High School. 

            Mr. Klaybor was represented by Douglas Small of the law firm of Foley & Small in South Bend.  At the conclusion of the trial, Mr. Small requested the jury enter a verdict for Mr. Klaybor in the amount of $161,000.00.  The jury found Mr. Klaybor not only to be truthful, but was cognizant of the extent of his injuries and ongoing symptoms and entered a verdict for a greater amount, $200,000.00.  Mr. Small indicated that it was the first time in his legal career, spanning more than 25 years, that a jury had awarded damages higher than what he had requested.  Mr. Small stated:  “The jury loved Stan, and his wife, Mary Jane.  Stan is what you dream a human being should be – honest, hardworking, caring and optimistic about the future.  He was deserving of the verdict.”

 

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