$13.7 Million Verdict Reached for Injured San Diego Pedestrian
Singleton Schreiber attorneys advocate for pedestrian rights in landmark trial verdict after Kemper Insurance refused to settle $15,000 policy
SAN DIEGO, CA – A $13.7 million verdict has been secured in favor of Francisco “Frank” Muhlbach, 59, was struck by a vehicle while walking his dog in a crosswalk in Chula Vista. His insurance carrier, Kemper Auto Insurance, refused to pay out his $15,000 policy by falsely claiming that his insurance had lapsed prior to the injury.
Mr. Muhlbach worked as a FedEx Freight driver before suffering a broken thoracic spine, requiring a 7-level T3-T9 thoracic fusion surgery performed by Dr. Zlomislic and the UCSD trauma team. A year later, Mr. Muhlbach underwent an additional 5-level C3-C7 cervical fusion. These injuries have left him permanently disabled and unable to return to his career.
Plaintiffs' attorneys – Carmela Birnbaum, Karlie Ruder, and Matthew Clendenin – issued the following statement:
"This verdict acknowledges both Frank's physical injuries and his remarkable life journey. After overcoming addiction and spending eight years caring for his father, Frank's life was upended by this accident. Kemper had clear opportunities to settle within their $15,000 policy limits but instead falsely claimed the policy had lapsed, forcing our client into unnecessary litigation while he struggled with disabilities. This verdict brings justice to his experience and acknowledges the profound impact this accident has had on his quality of life and future."
The verdict came after an initial mistrial was declared, requiring the legal team to restart proceedings with a new jury panel after Kemper Corporation intervened to defend their policy. Plaintiff’s attorneys worked diligently to tell the full story of his medical history, using a panel of medical experts that testified on his behalf.
After two days of deliberation, the jury awarded damages that included a comprehensive life care plan and lost earnings up to age 70. The verdict reinforces the legal protections afforded to pedestrians on crosswalks and impacts the appropriate compensation standards for cases involving permanent disability.
The legal team will now proceed with a bad faith lawsuit against Kemper, seeking to hold the insurance company accountable for the full amount of the verdict, not just the $15,000 policy limit. This subsequent case will allege that Kemper failed to meet its legal obligation to act in good faith toward both its insured and the injured party.
About Singleton Schreiber
Singleton Schreiber is a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, insurance bad faith, and sex abuse/trafficking. Over the last decade, the firm has recovered more than $3 billion for clients who have been harmed and sought justice.
The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2025 Eaton and Hurst Fires, 2025 Moss Landing Battery Plant Fire, 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, several California wildfires, and others.
