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Personal Injury (Vehicular)
Auto v. Auto
Negligence

Wayne Brockman, Jr. v. Brian Rutz

Published: Aug. 29, 1998 | Result Date: Mar. 10, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 962023533 –  $148,500

Judge

James Maddock

Court

Kitsap Superior


Attorneys

Plaintiff

J. Michael Koch


Defendant

Tom Klusmeyer


Experts

Plaintiff

Lee Dorey
(medical)

Merrill Cohen
(technical)

Lowell Bassett
(technical)

Defendant

Charles Brooks
(medical)

Robert Broshears
(technical)

Facts

On April 14, 1995, plaintiff Wayne Brockman, a 23-year-old Navy Corpsman, claimed he was traveling at 35-40 mph when defendant Brian Rutz, pulled out from a side street in Bremerton in front of the plaintiff's vehicle. The plaintiff struck the defendant's vehicle in the left front fender. The defendant contended the plaintiff was speeding at 48 mph at 30 mph zone, and was intoxicated. The plaintiff's blood alcohol was .088 thirty minutes post-accident. The plaintiff contended he did not see the defendant until the defendant was in his lane. A vehicle in the outside lane had stopped to let the defendant out. The plaintiff was in the inside lane. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a settlement demand for $100,000 (policy limits). The defendant made no offer.

Specials in Evidence

$5,800 $23,822 $231,888 $16,000

Injuries

The plaintiff suffered a broken femur requiring rod pins. He claimed hip arthritis (disputed), a broken wrist with post-traumatic arthritis (not disputed) requiring future wrist fusion (disputed). He also claimed bumps bruises, a fractured jaw (disputed) and loose teeth (not disputed).

Other Information

The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/ arbitration /mediation was held on ___/____/19____ before ________________ (name) of __________ (affiliation) resulting in ______________ .

Length

four days


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