Colton Kirwan v. Parul Gupta
Published: May 13, 2017 | Result Date: Oct. 27, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00800724-CU-PA-CJC Verdict – $1,500,000
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey T. Roberts
(Roberts Jeandron Law)
Michael J. Jeandron
(Roberts Jeandron Law)
Defendant
Scott B. Spriggs
(Kinkle, Rodiger & Spriggs)
Facts
On Nov. 20, 2014, plaintiff, an off-duty police officer, was riding his personal motorcycle along Westwing, in Aliso Viejo. He was struck by an SUV operated by defendant, who pulled out in front of plaintiff. Plaintiff struck defendant's vehicle, flew over the handlebars of his motorcycle, and landed on the vehicle's hood.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he had the right of way and therefore defendant negligently operated her vehicle.
DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was traveling at an excessive rate of speed and that the accident would not have occurred if he had been traveling the speed limit.
Settlement Discussions
Plaintiff made a demand for $900,000 and the defense offered $775,000.
Injuries
Plaintiff fractured his right femur and underwent surgery to insert a permanent titanium rod into the center of his femur.
Result
The jury found that defendant was 100 liable. It calculated plaintiff's damages at $1.5 million. Prior to trial, the parties stipulated that plaintiff's damages would not exceed defendant's $1.25 million insurance policy limit.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390