Bertelsen v. Hartnell
Published: Dec. 7, 2004 | Result Date: Aug. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: VCVVS028445 Verdict – $850,332
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
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
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