$15.64 Million Default Judgment Entered Against Individual and Insurance Company in Rear-End Collision

When Joyce Fogle, 57, slowed her car for traffic on a highway, Taylor Merritt’s vehicle rear-ended Fogle’s vehicle. Fogle was taken to a hospital where she underwent a CT scan of her brain and x-rays of her knees. She received conservative treatment for back pain and later underwent surgery at L4-5, followed by physical therapy.

Fogle continued to suffer residual pain, for which she takes over-the-counter medication. Her medical expenses totaled over $145,000.

She sued Merritt, alleging she was following too closely.

A $15.64 million default judgment was entered against Merritt after State Farm Insurance Co. chose not to hire counsel to answer and defend the plaintiff’s lawsuit. Then a new “escalating” and time-sensitive demand was served on State Farm, which subsequently paid approximately $11.73 million. As it turned out, the default judgment led to this favorable result for Fogle given her terrible injuries.

The attorneys successfully handling this case for Joyce Fogle were Shelly Leeke, Jessica Corley and David B. Yarborough.

Fogle v. Merritt, No. 2021CP3801375 (S.C. Ct. Com. Pl. Orangeburg County).

Kreisman Law Offices has been handling rear-end crash cases, car accident lawsuits, pedestrian accident lawsuits, wrongful death cases, nursing home negligence cases and intersection crash cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Lincolnwood, Des Plaines, Winnetka, Waukegan, Buffalo Grove, Hawthorne Woods, Inverness, Rolling Meadows, Prospect Heights, Mount Prospect, Carol Stream, Glen Ellyn, Hinsdale, Lombard, Chicago (West Town, Garfield Park, North Lawndale, Little Village, McKinley Park, Auburn Gresham, Avalon Park, Calumet Heights, South Chicago, South Loop, Lincoln Park, North Park, Wicker Park), Franklin Park, Schiller Park and Elmwood Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.