Our client is a hardworking cement mason living in northern Minnesota who was riding his Harley Davidson one spring day. He does not remember the facts of the accident. According to the accident report, our client was traveling westbound on a city street; the defendant driver was traveling eastbound from a parking lot onto the same roadway. The defendant driver failed to yield the right of way and turned in front of our client's motorcycle, causing the collision. Our client sustained a broken tibia and fibula with rod and plates surgically placed. He had a shattered hip socket that required surgery to insert screws and plates. Our client's medical bills exceeded $180,000.

We settled the case for the policy limits of $150,000. However, the health insurance policy with our client's union was an ERISA policy, which required 100% reimbursement for the medical expenses they paid, which totaled over $160,000. Therefore, our client would receive no monies as a result of this accident.

Jim Carey negotiated with the health insurance carrier and finally was able to settle their claim for a reduced amount so that our client would receive about half of the settlement.