Doucet filed a petition for damages against Fred Gayden for injuries received in a three-car accident. Gayden collided with the rear of a vehicle, driven by Paul Catalinotto, whose vehicle, in turn, crashed into the rear of Doucet's auto. State Farm was the insurer for Doucet.

Prior to the original trial, Doucet and Gayden stipulated to a “high/low” agreement under which Doucet would receive no less than $50,000, and no more than $150,000. It was agreed that no appeal on that judgment would be taken. At that time, Doucet agreed that she no longer had a UM claim against State Farm.

State Farm continued to pursue a cross-claim for subrogation. The parties stipulated that whatever award was made in light of the high/low agreement, that award would be subject to State Farm's claim. Doucet agreed on the record that it was unnecessary for State Farm to participate further in the trial and that the absence of the insurer's counsel would not be used as grounds for an argument of failure to defend.