Our clients, Daniel Berg and the late Sheryl Berg remained deadlocked in
a dispute with Nationwide over allegedly returning a 1996 Jeep Grand Cherokee
to the Plaintiffs that the Defendant knew had unrepaired structural damage.
The Pennsylvania Superior Court is set to rehear Nationwide’s appeal
of the $21 million bad faith verdict.
On October 10, 2017, the case will be put before another panel of Superior
Court judges. The case was first heard by Justice James Fitzgerald and
Judges Jack Panella and Victor Stabile on February 2, 2016, however the
panel was unable to reach a majority decision in the case.
Following a crash in 1996, Nationwide recommended that Daniel and Sheryl
Berg have their leased 1996 Jeep Grand Cherokee repaired through one of
Nationwide’s direct repair program shops. The repair facility declared
the Grand Cherokee a total loss, citing frame damage for the decision.
Unbeknownst to the Bergs, their vehicle was sent to another repair shop.
The repairs, which were scheduled to take 25 days, stretched to over 4
months. When the repairs were finished, an inspection by Nationwide revealed
that the Jeep was unsafe, but returned the vehicle to the Bergs. A technician
called the Bergs to inform them of what had occurred.
Several bad-faith behaviors were cited in the ruling, including
- Nationwide refusing to sell the vehicle to the Berg’s attorney
- The destruction of the car, which was vial evidence to the case
- The delay in totaling the Jeep until the Bergs had completed their lease payments
Nationwide maintains the position that no harm came to the Bergs from the
vehicle after its return, claiming the Bergs did not experience another
accident, so Nationwide should not be held liable for the potential damages
of the dangerous Grand Cherokee.
We seek to uphold the previous verdict that awarded our clients the compensation
they deserve after this appalling case.
An accident can leave lasting and life-altering injuries. Your case deserves
the dedicated and attentive representation our Montgomery County personal
injury attorneys at Mayerson Injury Law, P.C. can provide. Contact us
to start your free case consultation today.