Erin K. Brooks v. John W. McCutcheon and J&M Excavation, Inc.
Published: Oct. 31, 1998 | Result Date: Sep. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: 962050432 Verdict – $400,000
Judge
Court
San Juan Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Malcolm Madenwald
(medical)
Theodore J. Becker
(technical)
Helen James
(medical)
Defendant
James R. Patterson
(Patterson Law Group APC)
(medical)
Facts
On May 3, 1995, 19-year-old plaintiff Erin Brooks was riding her bicycle on the shoulder of the road in Friday Harbor, Washington. Defendant, John McCutcheon was driving a van owned by J&M Excavation. The defendant was 70 years old at the time. The defendant suffered from an apparent cardiac arrhythmia, loss of consciousness, and the van went off the road striking the plaintiff from behind. The plaintiff was dragged approximately 40 feet. On Oct. 6, 1994, approximately six months before this accident, the defendant had suffered another sudden loss of consciousness resulting in an accident where his vehicle struck a house. After the first accident, he immediately saw his family physician, Dr. James Patterson. In addition, he saw a neurologist to try and determine the reason for the first loss of consiousness. All tests were negative and by May 1995, the defendant had apparently been cleared to drive by his physician. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $150,000 to $200,000. The defendant made an offer of $20,000.
Specials in Evidence
$37,000 $600
Injuries
The plaintiff suffered a broken rib and soft tissue injuries to her left arm and both legs. Extensive scarring on both legs and left arm; permanent muscle injury to right quadricep.
Other Information
The verdict was reached approximately three years and four months after the case was filed. The case was first tried in September 1997, resulting in a hung jury. The hung jury deadlocked 7-5 in favor of the defense.
Length
three days
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