Diane Barry v. Daniel Shane, Ramac, Inc.
Published: Oct. 17, 1998 | Result Date: Jul. 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: 972008255KNT Verdict – $618,913
Judge
Court
King Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas DePuydt
(technical)
Stanley Herring
(medical)
William Lanzer
(medical)
Defendant
James J. Pizzirusso
(Hausfeld LLP)
(medical)
Facts
On Jan. 27, 1994, plaintiff Diane Barry, age 42, was a flagger working for R.W. Scott Construction of Renton. The plaintiff was working as the lead flagger controlling traffic on SR 900 at a 4-way intersection under construction near the Issaquah Costco exit off Interstate-90. Defendant Daniel Shane pulled out of turn from a long line of cars which were stopped for the construction. The plaintiff had not waived for him to go. The plaintiff motioned for defendant to stop once he was in the intersection, but he did not. He continued into the intersection, allegedly hitting plaintiff and throwing her onto the hood of his vehicle, causing her to roll off onto the passenger side of his car. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a final settlement demand for $275,000. The defendant made an offer of $125,000 few days before trial.
Specials in Evidence
$42,413.05 $500,000
Injuries
The plaintiff alleged a labrum tear to her right hip, requiring three hip surgeries and the possibility of two to three hip replacements in her lifetime. She also claimed shoulder, neck and back injuries. The plaintiff was off work for a total of about two years.
Other Information
The jury awarded the plaintiff $500,000 in general damages, all past and future medical expenses, including $42,413 in past medical and future medical expenses for the cost of three hip replacements at $25,000 each. A significant concern to plaintiff was what effect her negative employment information would have on a jury. There were allegations raised by the defense of abusing unemployment compensation. The plaintiff worked full time during the summer months but applied for unemployment compensation when she was not working. Typically, she applied for unemployment in the winter, predominantly, December and January, and sporadically throughout the year. The Department of Revenue reviewed the matter and she was found to owe $1,900 in overpayments. The plaintiff did not contest this. The records from the state indicated she was being investigated, but there was no formal finding or hearing on the issue. The plaintiff also had a number of incidents when she was almost hit by passing motorists. She was fired by R.W.Scott in 1992 because of her temper and poor choice of language on the job. The company told her that once she completed anger management classes, she could return. The plaintiff was disciplined and fired for yelling and swearing at a motorists, just as she allegedly reacted in January 1994. (The plaintiff was rehired in 1993 after completing anger management counseling.) The defense tried to use this evidence at trial. The argued relevancy was that the plaintiff had "attacked" the defendant's car, verbally abused him, yelled at him, swore at him and threatened him to the point that he thought he had to leave the scene immediately to get away from her. Once she disclosed the information about being fired to a prospective employer, according to the defense economic expert, she would have difficulty finding work. To assess these factual issues and the impact the evidentiary issues would have on a jury, plaintiff scheduled two focus groups. After the two focus groups, the decision was made to drop the economic loss claims because the damage appeared to be too prejudicial if this evidence was heard. The plaintiff also had previous neck, back and shoulder injuries from a fall in 1993.
Poll
12-0
Length
2½ weeks
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