Confidential
Settlement – $11,810,500Court
Tulare Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Stephen H. Smith
(Yoka & Smith LLP)
Robert A. Morgenstern
(Maranga Morgenstern)
Experts
Plaintiff
Raymond G. Schultz
(technical)
Mark Arndt
(technical)
Rick A. Sarkisian
(technical)
Donna Whitaker
(medical)
David F. Grimes
(technical)
Carley C. Ward
(technical)
Defendant
Merkel F. Weiss
(technical)
William Kunzman
(technical)
Linda D. Olzack R.N.
(medical)
John F. Perry
(technical)
Anthony C. Stein Ph.D.
(technical)
Richard E. Cale
(technical)
Facts
The accident at issue in this consolidated lawsuit involved approximately 14 vehicles which collided with one
another quickly and at relatively high speeds, resulting in a massive pileup during very foggy conditions. The
primary defendant was "W Motor Lines, Inc. and its subsidiaries, since its tractor and two trailers, for
unknown reasons, went out of control. The second trailer then turned over and blocked the majority of
southbound SR-99 in the county of Tulare, near Kingsburg.
The collisions occurred on the morning of Nov. 14, 1998. The plaintiff driver was operating his 1990
Thunderbird heading southbound from Fresno towards Los Angeles and his plaintiff daughter, was seated in
the right front passenger seat. His wife was seated in the right rear passenger seat. The plaintiffsÆ vehicle
impacted directly with the overturned second trailer at the point of the "dolly," which is in between the first and
second trailer. Other vehicles had other impacts and eventually, a Schneider National Carriers Inc. tractor and
trailer came into the pileup in the right hand lane. It did not have an impact with the plaintiffsÆ vehicle, but a
small fire ensued. The plaintiffsÆ vehicle was also rear-ended.
Settlement Discussions
The case was mediated for two days in August 2000 and two days in October 2000 in front retired justice Arleigh Maddox Woods. On Feb. 7, 2001, the parties settled directly without a mediation.
Damages
The daughterÆs present value loss of earning capacity was $76,600, as she was 55 years old. She claimed that her life care plan analysis future needs was $6,787,203, but the defenseÆs life care plan analysis was in the range of $3.1 million plaintiff driverÆs medical billings were $102,441 and there was a life care plan analysis of future needs in the amount of $343,547. The defense maintained that the life care plan analysis of future needs wasnÆt necessary since Jesus fully took care of himself and lived alone. As to the wrongful death of the daughterÆs mother, her funeral billings totaled $5,086. She was 69 years old at the time of the accident and was married to plaintiff driver for 52 years. They had two children and grandchildren, which all lived within a mile of their home. The loss of consortium claim included loss of wifeÆs work at the Clovis Automotive Machine Shop which he operated and where his wife worked prior to the accident.
Injuries
This accident resulted in catastrophic injuries to the daughter, orthopedic injuries to plaintiff driver and the death of the daughterÆs mother. Plaintiffs driver and daughter also claimed emotional distress injuries for what they viewed in the vehicle. The decedentÆs husband made a loss of consortium claim. Plaintiff daughter had multiple areas of injury, with the most important being a spinal cord injury at T7-8 with T-7 level francal class A-ASIA Scale complete sensory motor paraplegia. She had status post T7-T12 fusion with iliac bone grafting to the T10-11 segmental instrumentation. In addition, she sustained a burn wound with large soft tissue defect over the right lateral thigh that he been debrided, a right abdominal, right arm and forearm burn wound, neurogenic bowel and bladder and status post left ankle fracture dislocation with operative reduction and internal fixation. She also suffered a left acetabular fracture and post excision of hematoma, a right third rib fracture and hemothorax, hypertension, a left scalp laceration and left inferior pubic ramus fracture, a sacral nerve root injury and sacral decubitus and buttocks ulcerations. Her life expectancy was shortened with no specific year given and she had a mastectomy after the incident. However, there was no causation between the breast cancer and motor vehicle accident. As to the neurogenic bladder, she developed urinary tract infections and initially had an indwelling foley catheter, which was changed to a suprapubic catheter. Her neurogenic bowel requires digital stimulation with a tube. Plaintiff driverÆs injuries consisted of rib fractures, sternal fracture, bilateral chest tube insertions for hematoma drainage and right wrist sprain and wrist arthritis. Additionally, he had generalized weakness and a right hip fracture involving the right femur fracture open reduction internal fixation with intra-medulary rods.
Other Information
The daughter received a total of $9 million, $3 million of which was going to be placed in an annuity. Of this amount, defendant W paid $8,043,000. Plaintiff driver received $1,150,000 in the settlement, all of which was to be paid by defendant W. The decedentÆs husband settled for a total of $900,000, all of which was to be paid by defendant W. The total settlement for the wrongful death was $760,500, $625,000 of which was to be paid by defendant W.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390