Insurance Bad Faith/Excess Verdict Cases
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David Mangum v. Frank P. Stallone. Verdict $603,792.86. April 2005.
Mr. Mangum was driving his vehicle and exiting a parking lot in Boca Raton. As Mr. Mangum pulled out the defendant, who was traveling north, changed lanes and collided with Mr. Mangum’s vehicle. Mr. Mangum sustained a herniated disc requiring surgery, a rotator cuff tear and labrel tear to this left shoulder which also required surgery. Mr. Stallone’s insurance carrier claimed that the accident was entirely Mr. Mangum’s fault. They further claimed that Mr. Mangum’s surgeries were necessitated by a subsequent accident. The insurance company would therefore not tender their insurance limits of $50,000.00. The case was tried by Robert B. Baker and the jury rendered a verdict of $603,792.86 for Mr. Mangum. Post-trial Baker & Zimmerman sought an assignment of rights from Mr. Stallone to bring an action for insurance bad faith against his carrier for failing to settle, thereby insulating Mr. Stallone from an excess verdict.
