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Fullerton Law, P.A. Experience • Passion • Tenacity |
651-203-5999 |
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Fullerton Law, P.A. 2345 Rice Street Suite 161 Roseville, MN 55113 Ph: 651-203-5999 Fax: 651-288-0367
        
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Fullerton Named to Million Dollar Advocates Forum - Distinct Group of Attorneys who have achieved Million Dollar Recoveries for their clients Fullerton Named Six-Time Rising Star - Only 2½% of Minnesota Lawyers Honored with this Distinction Fullerton Recovers Millions for her Clients - Read Some of Her Success Stories
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Nothing speaks stronger than positive results on behalf of our clients. The success stories below are a few examples of recent or interesting cases from Denise Fullerton's portfolio. If you would like to discuss her experience relevant to your situation, please contact her today for your free consultation. Denise would enjoy the chance to understand your needs and discover how she can help you succeed.
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$1.19
Million
for
Brain
Injured
Teen Tragedy struck a small town family when a 17 year old boy was severely injured in a car crash on a rural highway. He was riding with a friend, on their way to technical school. The driver barely slowed for a stop sign before crossing over a rural through highway. The large dump truck that was traveling on the highway was unable to stop or avoid impact. The truck careened into the car, pushing it nearly 300 feet, and itself leaving nearly 150 feet of skid. The driver of the car was killed. The 17 year old passenger sustained a severe brain injury and other internal injuries. He was in a coma for nearly a month, and developed spasticity which led to disabling spastic quadriplegia. Nearly two years after the crash, he was still unable to walk or talk, and required 24/7 care for all needs. The driver of his car carried only $50,000 in liability coverage. The family owned a $100,000 underinsured motorist policy, and a $40,000 personal injury protection policy. These coverages were massively insufficient, particularly when considering his medical expenses in the first two years were near $1.5 Million, most of it paid by the family's ERISA health insurance policy. Denise Fullerton had an accident reconstruction done, which alleged that the truck had been exceeding the speed limit by at least 5 mph. According to the reconstruction report, had the truck been traveling the lawful speed limit, the vehicles would have missed impact by 2 feet. On this thread of liability, Denise was able to secure another $1 Million in coverage from the truck company. She then resolved the ERISA lien for approximately $4,600 on a full release. In this tragic situation, Denise was able to secure considerable compensation in a manner that allowed the family to make use of the funds for their son's benefit, while still keeping intact their necessary health care coverage.
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Single Mother Compensated for Injuries A 32 year old single mother, active in her parenting, vocational, and home activities, suffered injuries in a car wreck on July 23, 2004, when another driver made a left turn in front of her, causing her vehicle to spin and flip out of control. Remarkably, she crawled out of her vehicle and did not suffer any life-threatening injuries.
The year before her collision, she bought a fixer-upper home which she was planning to remodel herself. She had begun some of the demolition before this collision occurred, but was unable to complete the remodel without significant unexpected financial output as a result of her injuries, of nearly $23,000. For her injuries, she was seen by general practitioners, was prescribed over a dozen different medications throughout her course of treatment, received chiropractic care, underwent eight different diagnostic tests, went through three courses of physical therapy, a course of pool therapy, and a back and neck program. She was seen by three different orthopedists, received multiple injections, had a functional evaluation done, and was seen by a neurologist. None of her injuries proved to be surgical, and with diligence and time she slowly overcame many of her symptoms, though was left with permanent spinal damage. Her medical expenses were over $39,000 at the time of mediation. The case was settled at mediation for $100,000, plus she had received $38,653.65 in no-fault benefits, for a total recovery of $138,653.65. Before Denise Fullerton started the lawsuit on this woman's behalf, the defendant's insurer had offered only $15,000 to resolve the case.
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Bicyclist Injured by Sewer Grate Placement Denise Fullerton secured fair compensation for a 46 year old man who was injured while riding his bicycle along side a County Road, near his home. He was riding along the paved and marked shoulder, as there was no bike path nor sidewalk. He came upon a misaligned street sewer grate, into which his front tire dropped and became wedged. He was thrown from his bicycle, flying over his handlebars and landing on the asphalt. The Plaintiff sustained a fractured left mandible (jaw), a fractured right scapula (shoulder blade), and a laceration to his chin. He underwent surgery on his jaw, after which his jaw was wired shut for six weeks. He lost a molar as a result of the impact, although it could not be removed until the jaw wiring was removed. The scapular fracture healed leaving a ridge of scarring material, which causes catching and clicking as he rotates through shoulder movements. He continues to suffer limitations and pain with the use of his shoulder and his jaw. Medical expenses exceeded $25,000, all paid by an ERISA-governed health insurer. The round sewer grate had at some time in the past been wrongly positioned with the open slats running parallel to the curb, rather than angled or perpendicular. The City and County were both aware that such alignment was incorrect and unsafe, most especially to bicyclists. The grate appeared to have been misaligned for well over a year, undiscovered. The County owned the road, performed spring and fall street sweeping, and removed debris from sewer grates and catch basins. The County claimed they did not inspect grates nor have a duty to maintain them, including their proper alignment. The City also removed debris, and claimed a practice of inspecting grates for proper alignment and necessary maintenance, but focused on City, rather than County, roads. Liability was hotly contested, with both the City and County claiming immunities. Summary judgment motions had been scheduled and briefed by the time of the mediation hearing. The case was settled at mediation, with all parties recognizing a serious risk at the pending summary judgment motion. The City paid $27,500, and the County paid $20,000. From the total $47,500, the ERISA insurer agreed to accept $6,300 to resolve all medical expenses in full. The City and County also agreed as a part of the mediated agreement to implement a written policy governing the maintenance and inspection of storm sewers on County Roads.
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Mother
of
Still
Born
Son
Compensated The Plaintiff was driving her vehicle in heavy rush hour traffic along the highway, when her vehicle was rear-ended. She was in the front automobile of a three vehicle rear-end chain collision. Damage to her vehicle was approximately $1,500. She was seven months pregnant at the time. She believed she struck the steering wheel upon impact. Six days later, labor was induced, and she gave birth to her son. It was later determined that he had died two to three days prior to his still birth, as a result of placental abruption. Her doctors explained to her that the collision had caused a small abruption in the placenta, which led to a small leak. Within less than a week, the leak was enough to kill her fetus. The Plaintiff suffered from numerous other risk factors throughout her pregnancy. A serious delay in presenting the claim, as well as the lack of any supporting expert opinions establishing causation, were also potential barriers to the claim. Ms. Fullerton obtained $50,000 from the at-fault driver’s insurance carrier, and another $30,000 from her client’s underinsured motorist insurance carrier.
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Minnesota
Man
Injured
on
Vacation
in
Texas The plaintiff was taken to the emergency room by ambulance, where he was examined for a sore knee, neck, and back. He was given pain medication and instructions to follow up with his primary doctor. Once back in Minnesota, he received fourth months of care from a chiropractor for his neck and back, which substantially improved his symptoms. He also received physical therapy for his knee, and was given a knee brace. His knee was aspirated once. Diagnosis and causation of his knee pain was complicated by his history as a runner. His total medical expenses were just over $8,000. All of these expenses were paid by his no-fault insurer. Lost wages totaled approximately $2,700, of which $750 was paid by his no-fault insurer. Denise Fullerton was able to negotiate a settlement with the at-fault party’s insurer of $22,000, without repayment of benefits to plaintiff’s no-fault insurer.
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Motorcyclist Breaks Elbow and Hits Head A 25 year old man was injured while riding his motorcycle, when a vehicle pulled out in front of him and caused a collision. The other driver ran a stop sign and failed to yield the right of way to the plaintiff. The other driver admitted that he never saw the plaintiff until the motorcycle crashed into the car and plaintiff went flying through the air. The plaintiff suffered a head injury, fractured right olecranon process (elbow), and soft tissue neck and back injuries. Surgery to repair the fracture using hardware was required. He was in a sling for several weeks, and went through painful physical therapy to regain motion of his arm. He received chiropractic care for his headaches and neck and back injuries. His head injury resulted in mild brain injury. His primary complaint from this was loss of ability to concentrate and express himself, and problems with short-term memory. This caused him difficulties in his work as a sales representative at a tire store. Although he suffered lowered commissions and a demotion as a result of his brain injury, his employer was unwilling to provide the necessary support to establish this part of his claim. The plaintiff was without no-fault nor underinsured motorist coverage, therefore the only available proceeds were from the at-fault driver’s insurer. Plaintiff’s medical expenses were in excess of $43,000. The insurer offered top dollar of $75,000 of its $100,000 policy limits. Denise Fullerton commenced litigation on behalf of Plaintiff. The defense requested that the selected mediator perform a case evaluation, rather than a mediation hearing. That evaluation came back at $183,497.03. The defense promptly offered to pay insurance policy limits of $100,000, which the Plaintiff chose to accept. Denise pushed the defense harder and also convinced them to pay interest and costs, in addition to the policy limits, to resolve the claim short of trial. The total settlement was $113,328.12.
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Child
Scalded
at
School
over
Hot
Cocoa The Plaintiff sustained second degree scald burns. She received minimal treatment, comprising of Silvadene cream and bandage changes. She suffered a slight pigment change on her dark skin, although with time that change improved and became less noticeable. The burns healed without complication. Minimal scarring remained. During negotiations, the School District was relying upon a statute that they claimed provided full immunity due to the cost of insurance. At the same time, the statute was being challenged in the appellate courts in a different case. Denise Fullerton convinced the District that the statute was going to be defeated, and that they had to accept liability for her client’s injuries. As a result, she was able to secure a $20,000 settlement for her young client.
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Car Crash Caused Floaters in Man's Eye Denise Fullerton obtained a $330,000 settlement for a man that suffered injury to his eye from a car crash. A 54 year old man was injured in a moderate impact rear-end collision in freeway slow-down traffic. The day after the collision, he noticed a floater in his right eye. The floaters increased, and examination revealed lattice degeneration of the retina and a posterior vitreous detachment in his right eye. He then developed a haze in his right eye. A retinal hole was detected at the edge of his lattice degeneration. A vitreoretinal specialist diagnosed superior retinal flap tear, lattice degeneration, and vitreous opacities. He underwent laser photocoagulation to repair the tear and lattice degeneration. The floaters and blurred vision continued, so he underwent vitrectomy. Within six months of this procedure, he developed an early cataract in his right eye, and his vision was 20/40 at best, even with correction. He underwent cataract surgery and posterior chamber lens implant in his right eye. Following this surgery, he was ansiometropic (one eye nearsighted, and one farsighted) and could not wear glasses to correct his vision. He was also suffering residual mydriasis (excessive dilation of the pupil), causing glare and light sensitivity. Uneven eyebrows exacerbated the nerves’ response to the light sensitivity and atonic pupil. He was fitted with peripherally tinted lens on the right side to reduce the glare and halo, and also the asymmetry between the pupils. The lenses did not correct the problem, so he underwent natural lens removal with implantation of an intraocular lens of his left eye to even out the refractions. Due to continued glare, he had a brow lift to even out the eyes’ response to light. He was again fit with peripherally tinted lens on the right side to reduce some of the glare and halo and also the asymmetry between the pupils. He is expected to wear these special lenses the remainder of his life, which need to be replaced annually. The difference between the size of his pupils is apparent, and draws unwanted attention. Prior to this collision, he worked for an airline, and was at times required to use a 10 power magnifier to verify parts. While the eye injury affected his work activities, he did not suffer lost earnings other than to attend medical appointments. Medical expenses were approximately $40,000. Liability and causation were undisputed. The settlement represents $250,000 from the underlying carrier, and $80,000 from his underinsured motorist carrier.
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Auto Accident While on the Job A 38 year old man was injured when his vehicle was rear-ended while he was on the job. He suffered an aggravation of pre-existing degenerative disc disease, and a tear to a disc in his low back. He eventually underwent an IDET procedure (a less invasive surgical type procedure). Although he had a spotty work history, he had just begun work in a well-paid labor job which his injuries prevented him from continuing. His workers’ compensation insurer had paid over $200,000 in benefits, and there was a large setoff potential against any jury verdict. Denise Fullerton was able to obtain a mediated settlement of $170,000 from the at-fault driver’s insurance company. Because the settlement was achieved on a Naig basis, none of this settlement had to be repaid to the workers’ compensation carrier.
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Verdict Results in Full Policy Payment Plus Costs
Denise
Fullerton
secured
a
verdict
in
excess
of
available
insurance
proceeds
in March
2006.
The
Plaintiff
was
a 42
year
old
woman
who
works
at a
retail
store
as a
stocker.
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Motorcycle Accident Results in Knee
and Back Injury
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Drunk Driver Strikes Motorcyclist
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Delivery Driver Injures Knee in Auto Accident A 63 year old man was involved in a multiple vehicle crash while in the course and scope of his employment. He suffered injury to his knee, which required open reduction and fixation. His knee healed well except for minimal residuals. His medical expenses and wage loss were paid for by his workers’ compensation insurer. The case was settled for $55,000 on a Naig Release.
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Realtor Injured Neck Resulting in Lost Commissions
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Drunk Driver Injures Passenger by Hitting Light Pole A 43 year old woman was injured as a passenger in a vehicle driven by an intoxicated acquaintance who lost control of the vehicle and struck a light pole. She suffered soft tissue injuries to her neck and back, aggravation to a previous knee injury, headaches, and slight scarring at her hairline. All of her medical expenses were paid by the defendant’s insurance company, who also paid $80,000 in settlement of her injury claim.
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Self-Employed Housecleaner Injured Low Back in Car Crash A 60 year old self-employed housecleaner was rearended and pushed into the vehicle ahead of her. She suffered a permanent soft-tissue aggravation of a low back injury. Four years prior she had fractured her back. As a result of her low back aggravation, she was no longer able to clean homes. After the first year, however, she was able to maintain the same gross profit by hiring employees to do the work for her. She is no longer able to do her own housecleaning either, and now relies upon her daughters to help her. Her doctor felt this was 50% due to the motor vehicle accident. Denise Fullerton was able to obtain a $35,000 settlement for her, in addition to payment of her medical and other expenses.
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Facet Joint Injury to the Neck Caused by Car Crash A 27 year old woman was injured when she was rear-ended by a garbage truck, while in the course and scope of her employment. She had neck and upper back pain, which was initially thought to be soft tissue in nature. However, Denise Fullerton was able to have her client evaluated by a specialist who determined that she was actually suffering from facet joint injuries. She received radiofrequency facet neurotomies (RFN) which provided her with a great deal of relief, although she continues to suffer some ongoing complaints. Her medical expenses are being claimed against her workers’ compensation insurer. Ms. Fullerton was able to secure a $75,000 settlement on a Naig Release for her client.
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$34,750 Verdict in Hennepin County Denise Fullerton's client, at 29 years of age, was rear-ended and pushed into the vehicle ahead of him while he was stopped in highway traffic in September 2000. Following this collision, he claimed to suffer neck and back pain, with right arm radicular symptoms. He was eventually diagnosed with a herniated cervical disk which ultimately required fusion surgery. The surgery was not successful in resolving his symptoms. The defense alleged symptom magnification and dependence upon narcotic pain medication. He continues to suffer neck and right arm pain as well as headaches. Causation was the primary issue in this trial. Prior to this collision, he had suffered neck injuries on several occasions, the most recent of which was in June 2000 involving a motorcycle accident, only 2½ months before this collision. He was not wearing a helmet. He suffered a neck strain and road rash from the motorcycle accident, and was required to wear a neck brace and miss time from work. Of considerable concern to the jury, and significant problem to the case, he had failed to follow up on a neurological consult he was instructed to have following the motorcycle accident. The jury ultimately felt that the majority of the damage to his neck had been caused following the June 2000 motorcycle accident, and very little by the September 2000 accident. Prior to trial, Ms. Fullerton was able to obtain a stipulation with the defense preventing certain character evidence from being presented which might have prejudiced the jury. Despite this, the jury felt that her client was on a path of destruction, both in not caring for himself by getting appropriate medical care following his motorcycle accident, and in overuse of narcotic pain mediation. During trial, Ms. Fullerton was able to defeat a motion by the defense which would have prevented a claim for future medical expenses. The best offer before trial was $16,000. Plaintiff’s expert witness was his surgeon, Dr. Michael Smith. The defense’s expert witness was Dr. Neil Dahlquist.
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$41,467.82 Verdict for Skater in Hennepin County Plaintiff was involved in 2 rear-end car collisions, one in October 2001, the other in November 2001. Both Defendants were sued, but the case involving the November 2001 collision was settled for $7,500, 2 weeks prior to trial. The case proceeded to jury against the defendant for the October 2001 collision. Damage to Plaintiff's vehicle appeared mild, although the underneath spare tire came off his SUV. The jury was not shown photos nor told the cost of repairs. Plaintiff presented to urgent care within a couple hours of the collision, and had several courses of physical therapy. Plaintiff sustained soft tissue injuries, temporarily aggravated by the second collision. Plaintiff had received no medical attention in the 19 months before trial, except for consultation with Plaintiff's expert, Dr. Daniel Dock. The defense expert was Dr. William Simonet. Plaintiff retired from speedskating due to his injuries. The collision occurred 2 months before the 2002 Olympic trials, in which he was unable to participate due to his injuries. The jury found no permanent injuries, although they did find that he had suffered a disability of 60 days or more. A small portion of the verdict was for past scholarship losses. The best offer before trial for this October 2001 collision was $7,500.
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As
a
result
of
the
collision,
she
suffered
from
headaches,
two
cervical
disc
protrusions
with
mild
stenosis
and
a
right-sided
C6
cervical
radiculopathy,
two
thoracic
disc
protrusion,
scapular
winging
due
to
long
thoracic
neuropathy,
and
general
neck
and
back
pain.
Twelve
years
prior
to
this
collision,
she
had
undergone
a
lumbar
fusion
following
a
work
injury,
and
had
suffered
neck
and
back
symptoms,
including
symptoms
radiating
into
her
extremities,
as
recently
as
one
week
prior
to
this
collision.
She
was
an
avid
runner,
having
participated
in
marathons
even
after
her
lumbar
fusion.
Her
conditioning
was
set
back
after
this
collision,
though
determination
has
allowed
her
to
resume
running
again.
A
significant
consequence
of
her
injuries
occurred
in
the
workplace,
as
an
office
worker.
She
found
she
was
unable
to
remain
in a
seated
working
position
for
extended
periods
of
time.
She
was
given
work
accommodations,
including
a
standing
work
station,
but
still
missed
significant
chunks
of
time
from
work
as a
result
of
her
injuries.
Her
claimed
wage
loss
was
over
$33,000.