This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Negligence
Motorcycle v. Truck

Geoffery Hill, Jillian Hopewell v. Ray Espinoza

Published: Nov. 28, 2009 | Result Date: Jul. 8, 2009 | Filing Date: Jan. 1, 1900 |

Settlement –  $1,350,000

Court

Sutter Superior


Attorneys

Plaintiff

Mark J. Meyers

Mark W. Burnett


Defendant

David A. Wallis


Facts

On May 24, 2007, Geoffrey Hill was driving his motorcycle westbound on Highway 162 toward the Big Butte Creek off ramp in Glenn County. Hill was driving approximately 45 mph. Ray Espinoza was driving a large truck northbound on a private access road. Espinoza entered the highway just as Hill was approaching. Hill braked to avoid a collision, but could not prevent coming into contact with the front bumper of Espinoza's truck.

Hill sued Espinoza for vehicle negligence and his employer, Frank Rogers, for vicarious liability. Espinoza and Rogers conceded liability.

Damages

Hill sought to recover $401,254 in medical costs, partly paid by his insurer, $33,577 for lost wages, and damages for pain and suffering. Hill's wife sought to recover for loss of consortium.

Injuries

Hill claimed to have suffered a left hip dislocation, a fracture to the hip socket, and a ruptured posterior knee ligament. Hill claimed that immediate hip reduction was unsuccessful and he required open-reduction surgery to repair the left posterior wall and left acetabulum fractures. He further claimed that an additional arthroscopic knee surgery was required to reconstruct the torn knee ligament, using a tiabilis posterior allograft. His injuries required him to utilize a wheelchair until March 2008 and crutches through January 2009. He claimed he needed physical therapy several times per week through January 2009.

Result

The parties reached a settlement of $1.35 million prior to litigation.


#107959

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390