Michael Barner v. Joann Kirkhart
Published: Jan. 16, 2010 | Result Date: Oct. 23, 2009 | Filing Date: Jan. 1, 1900 |Settlement – $2,167,500
Facts
On April 27, 2008, while riding his motorcycle, plaintiff Michael Barner ran into the side of a vehicle driven by defendant Joann Kirkhart. In addition, another vehicle, which moved beside Barner's motorcycle, hit the side of Kirkhart's vehicle. As a result, Barner became a paraplegic. Barner brought an action against Kirkhart, claiming that Kirkhart caused Barner and the other vehicle to crash into her vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
Barner claimed that Kirkhart should have yielded to traffic when at the intersection and caused the collision by failing to do so.
DEFENDANT'S CONTENTIONS:
Kirkhart argued that Barner committed contributory negligence by speeding through the intersection.
Injuries
Barner sustained a broken arm, a compression fracture to his spinal cord, and paraplegia, and underwent internal fixation and open reduction.
Result
The parties engaged in a mediated settlement.
Other Information
INSURER: The Hartford insured Kirkhart.
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