Facts

Plaintiff Bradley Davidge was a member of a touring band from Canada on a tour of various California venues. The tour bus was traveling between Napa and Davis, when the need to back up the bus arose. Defendant driver, Nick Lindly, could not do so with the equipment trailer attached, as it kept jack knifing. Lindly requested assistance in removing the trailer. In the process, the trailer hitch was dropped on plaintiff's hands, resulting in the amputation of the tip of plaintiff's right, middle finger.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant was negligent in not being able to back up with a trailer attached and then in unexpectedly letting go of the trailer hitch, when the others involved could not hold it up.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff should have let go of the trailer before it hit the ground. Defendant TEG further contended that TEG was not the employer of Lindly but rather that the driver was an independent contractor.

Settlement Discussions

Plaintiff made a CCP 998 offer of $125,000. Defendant TEG offered $10,000. Defendant Lindly made no offer.

Specials in Evidence

$58,203 $36,000 none none

Result

Verdict for $359,203.

Other Information

Another member of the band, Chris Hibbins, tour director, was assigned 40 percent of the fault. Annis Davidge's claim for loss of consortium was denied by the jury. FILING DATE: Sept. 11, 2006.

Deliberation

9.5 hours

Poll

12-0 (that Lindly was an employee of TEG)

Length

five days