Facts

On Sept. 23, 2005, Shannon Nielson rode on the back of a motorcycle operated by Troy McDaniel on Mt. Rose Highway, a two-lane highway in the Sierra Nevada mountain range. A flatbed truck driven by Carl McAlister, an employee of White Cap Construction Supply, was making a U-turn. McDaniel crashed the motorcycle in an attempt to avoid the truck. Nielson and McDaniel hit and skidded across the pavement, and the truck ran over them. McDaniel died and Nielson suffered injuries. Later, Nielson, McDaniel's estate and parents, sued McAlister, his employer, and its owner, Home Depot USA Inc., for motor vehicle negligence, wrongful death, and vicarious liability.

McDaniel's parents settled with Home Depot for an undisclosed amount prior to trial, and the estate was voluntarily dismissed. The defense admitted liability on the first day of trial.

Injuries

The claimed injuries included emotional distress, fractured pelvis, internal fixation, loss of society, open reduction, plate, screws, and wrist injury.

Result

The jury awarded Nielson $775,361. The award consisted of $59,563 for past medical costs, $15,798 for past lost earnings, $540,000 for past pain and suffering, and $160,000 for future pain and suffering.

Poll

11-1 (damages)

Length

13 days