Our client and his friend were drinking all day. Late in the evening, our client fell asleep in the car and his friend was involved in a single vehicle accident. He was traveling at highway speed, lost control of the vehicle and veered off onto the shoulder, causing the vehicle to overturn on the shoulder. Our client was thrown out of the vehicle and both he and the driver were taken to the hospital by ambulance. Blood test results showed that the driver was under the influence of alcohol at the time of the accident. Our client received two fractures in his right leg that required surgery and hospitalization for over a week.  He continued to suffer pain in his right hip and weakness in that leg.

Art Kosieradzki settled a claim against the driver's insurer for the policy limits. He also filed claim against our client's underinsured policy for a total settlement of $180.000.