Completely uninsured Plaintiff was employed as a “bouncer” at a local night club. Plaintiff mistakenly reported to work on a night in which he was not scheduled to work. While waiting to obtain a ride home, an altercation occurred in the parking lot. Plaintiff and another “bouncer” were summoned to break up the altercation. Shortly after Plaintiff assisted the other bouncer in depositing the two unruly patrons into their vehicle, the vehicle accelerated quickly striking Plaintiff in the right knee. The vehicle fled the scene but Plaintiff was able to get the license plate number of the vehicle. As a result of the impact, Plaintiff suffered ligament damage to his right knee which required surgical repair. Plaintiff lost his worker’s compensation case. Incredulously, it was found that he was not acting for the benefit of his employer as the time of the injury!
Plaintiff hired two law firms to pursue his claim against the unknown driver. These firms represented Plaintiff for almost a three year period, only to decline to pursue the case on the eve of the expiration of the statute of limitations because no insurance coverage could be located. David S. Mitchell was hired only a few days before the expiration of the statute limitations. He immediately filed suit against the presumed owner of the vehicle (according to the license plate number) and the unknown John Doe who accompanied him. Upon conducting discovery, it was determined the owner of the vehicle was also uninsured and the John Doe was identified. Fortunately, the John Doe defendant, at least according to the owner of the vehicle, was in control of the vehicle when it left the accident scene. An amended complaint was filed against the newly identified John Doe and, after conducting discovery, it was determined that he was insured. After Plaintiff’s deposition was taken, the case settled for the policy limits.
Case No. CV-99-000690, Pulaski County Circuit Court