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Personal Injury
Auto v. Motorcycle
Left Turn Collision

Bertelsen v. Hartnell

Published: Dec. 7, 2004 | Result Date: Aug. 10, 2004 | Filing Date: Jan. 1, 1900 |

Case number: VCVVS028445 Verdict –  $850,332

Judge

Rufus L. Yent

Court

San Bernardino Superior


Attorneys

Plaintiff

Richard H. Rabkin


Defendant

Kennett L. Patrick
(Winet, Patrick, Gayer, Creighton & Hanes)


Experts

Plaintiff

Peter Scheer
(medical)

Steven H. Anderson
(technical)

Defendant

Kenneth L. Pearl B.S.M.E.
(technical)

John Charles C. Woodward
(technical)

Facts

The plaintiff was driving westbound on a Honda Goldwing motorcycle on SR-18 as the defendant, Austin Hartnell, was driving a Jeep Cherokee eastbound on the same highway. Just as the two vehicles approached Sheep Creek Road from opposite directions, the defendant turned left in front of the plaintiff, who struck the side of the Jeep at approximately 65 mph.

Settlement Discussions

The plaintiff demanded $950,000. The defendant offered $15,000 policy limits.

Specials in Evidence

$292,420 $57,912

Injuries

The plaintiff suffered multiple orthopedic injuries and severe facial trauma requiring multiple reconstructive surgeries.

Result

Verdict for the plaintiff but the jury assessed 40 percent comparative liability on the plaintiff because of the evidence of alcohol intoxication and its likely effect on the plaintiff's actions.

Deliberation

one day

Poll

12-0 (all issues)

Length

three days


#116870

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