The insured was not following the lanes of travel while driving across a parking lot. The insured collided with the plaintiffs vehicle with clear liability on the defendant’s part. The plaintiff claimed traumatic brain injury with damages and future medicals in excess of $22,000.00.
At trial, after cross-examination of the plaintiff’s medical expert, plaintiff’s counsel offered to dismiss the case with prejudice in return for payment of the plaintiff’s costs. We not only refused the offer, but inferred in our refusal that a fraud investigation might be in order.
The plaintiff dismissed the case with prejudice; no additional costs were incurred by the insurer.