Facts

On Feb. 8, 2011, plaintiff Rory O'Reilly was traveling downhill on his bicycle when a U.S. Forest Service truck driven by defendant Warren Johnson Jr., collided with plaintiff. Johnson was driving a 2008 Ford F-450 on the opposite side of an S-curve, when he was blinded by the sun and veered onto the wrong side of the road.

Defendants United States of America and the Department of Agriculture Forest Service, with the express consent and permission of the United States of America, owned the truck.Johnson was in the course and scope of employment with the U.S. Forest Service at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the truck driver was negligent.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff was racing in the evening and due to his speed, he was unable to take evasive action.

The U.S. contended that plaintiff's injuries were not severe and that plaintiff was able to return to work after six months.

Settlement Discussions

The U.S. made a statutory offer to compromise of $776,000 for plaintiff, and $26,000 for his wife.

Damages

Plaintiff's wife, Laura Jewitt O'Reilly, claimed loss of consortium damages. Defendants contended that the collision was not severe and did not warrant an award to the spouse for loss of consortium.

Injuries

Plaintiff sustained fractures to his scapula, clavicle, eight ribs and femur. He also suffered a punctured lung. He underwent surgery to repair the fractures and was confined to a wheelchair for three months. He had subsequent surgeries to remove metal plates and screws and scar tissue. Plaintiff, 55, missed time from his work as a finish carpenter. Although he returned to work on a part time basis after seven months, he continues to be partially disabled. Defendants argued that plaintiff did not require future medical care and that plaintiff's injuries should not prevent him from his work.

Result

Verdict for the plaintiff. Rory was awarded $1,122,704 and his wife was awarded $65,000 for loss of consortium. The total amount awarded was $1,187,704.