Milner v. Kozlowski Settles for Full Policy Limit Just Before Trial

(Philadelphia) Mr. & Mrs. Ernest (Ernie) and Yvonne Milner, the plaintiffs in Milner v. Koslowski, Delaware County Court of Common Pleas No. CV-2020-008068, have settled their lawsuit against the defendant, William Kozlowski, for $1,250,000, the insurer’s full policy limit and umbrella coverage for the incident. The settlement comes just before the suit was scheduled for trial.

Facts /Timeline:

  • The lawsuit arose from an incident that occurred on November 6, 2019.
  • On that date, Ernie Milner was operating a ride-on lawnmower in the course and scope of his employment with the County of Delaware, Facilities Management.
  • As Mr. Milner was mowing the lawn at the Fair Acres complex, the defendant, William Kozlowski, operated a vehicle that came partially off of the roadway and into the shoulder, striking Mr. Milner.
  • The defendant contended throughout the litigation that it was Mr. Milner who left the grass and came into his lane of traffic. While the defendant had no recollection of the accident, a witness at the scene, during his deposition, placed Mr. Milner partially in the road, a contradiction from his report to the police.
  • Reports, physical evidence and photographs from the scene refuted the defendant’s claim.
  • Mr. Milner sustained serious injuries as a result of the accident: loss of consciousness, spinal fractures, burn injuries, a concussion, and a deep scalp laceration measuring 28 centimeters, as well as aggravation of pre-existing cervical, thoracic, and lumbosacral disc and joint disease.
  • The defense argued that Mr. Milner’s traumatic injuries resolved and his remaining injuries were the natural progression of his pre-existing conditions.

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