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Plaintiff’s decedent was riding his motorcycle to work on a through highway when the defendant tortfeasor pulled out of a private driveway into his path. Our client remained hospitalized for 10 days until he passed away.
His medical bills exceeded $500,000. His self-insured ERISA plan only paid approximately 15% of the bills and the hospital pursued the estate and widow for the balance under Ohio’s necessaries statue. Plaintiff filed suit against the tortfeasor, the hospital, and the self-insured ERISA plan. After cross claims, counterclaims, and extensive motion practice, the case proceeded to private mediation where all claims were resolved for policy limits, contribution from the tortfeasor, and significantly reduced allocations to the hospital.
