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Saturday, April 27, 2024

Nationwide seeks to protect lien of $418K in collision litigation

Lawsuits
Perryman

Perryman

BENTON – Nationwide Mutual intervened in a collision suit at U.S. district court on June 3, to protect a lien on $418,992.96 worth of workers’ compensation. 

Nationwide claimed it paid medical and indemnity benefits to plaintiff Christopher Hickman of North Carolina as an employee of RFG Trucking in Omaha. 

The collision occurred in 2019, involving Hickman and Jack Robinson of Q Carriers in Shakopee, Minn. 

Hickman retained Kenneth Levinson of Chicago, who sued Q Carriers and Robinson in February. 

He claimed Hickman was in his vehicle parked in front of Robinson’s semi truck, and Robinson parked without engaging the parking brake. 

He claimed Robinson failed to slow or stop his semi truck when danger to the plaintiff was imminent. 

He claimed Hickman suffered injury, disfigurement, pain, suffering, loss of earnings, medical expenses, and loss of normal life. 

He didn’t specify the location of the crash.  

Nationwide counsel Heath Sherman of Lincolnshire moved to intervene in March, stating the insurer covered RFG Trucking for Hickman’s injuries. 

He claimed Nationwide’s failure to participate could be deemed a waiver of its right to assert improper prosecution of the litigation or contest a settlement. 

He asserted a statutory right of recovery separate and distinct from the interests of any other party. 

In May, the parties consented to magistrate jurisdiction. 

On June 1, Magistrate Judge Reona Daly granted Nationwide’s intervention. 

In a conference on June 3, the parties agreed to complete discovery on Dec. 7. 

Ted Perryman of Richmond Heights, Missouri, represents Q Carriers and Robinson.

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