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Personal Injury
Auto v. Motorcycle
U-Turn Collision

Mark Girsch v. Inter-Con Security Sytems Inc., Harry Robert Keller

Published: Oct. 26, 2004 | Result Date: Jun. 2, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 809590 Verdict –  $0

Judge

Charles R. Hayes

Court

San Diego Superior


Attorneys

Plaintiff

Jedd E. Bogage


Defendant

Richard L. Scott


Experts

Plaintiff

Michael Lenihan
(medical)

Ronald P. Carr
(technical)

Roger A. Thrush Ph.D.
(technical)

Laura Fuchs Dolan
(technical)

Facts

On the morning of May 4, 2002, Mark Girsch, a 38-year-old machinist, was riding his motorcycle on Ruffin Road in San Diego, when Harry Keller, who had been stopped on the side of the road, made a U-turn in front of Girsch and their vehicles collided. Keller, who was on his way to work, was employed by Inter-Con Security Systems Inc., Pasadena. He was required to have an automobile for his job, and was required to be "on-call" during his shift. Girsch sued Keller and Inter-Con for negligence.

Specials in Evidence

$150,000 $217,063 $388,433

Injuries

Girsch suffered multiple fractures to his left femur whose repair required open reduction and internal fixation surgery. He was hospitalized for about one week. The repair and hardware left his left leg 1.5 inches shorter than his right leg, which he claimed will cause him to walk with a limp for the rest of his life. He also claimed that he suffered a soft-tissue injury to his lower back.

Other Information

Keller did not answer the complaint and a default was entered against him. The case went to trial with Inter-Con as the only defendant.

Deliberation

45 minutes

Poll

12-0 (for Girsch on liability), 11-1 (for Girsch on substantial factor), 12-0 (for Inter-Con on course and scope)

Length

five days


#117688

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