Confidential

Facts

On May 18, 2007, at 5:24 p.m., plaintiffs were all passengers in a 2004 SPCON Sand Rail being driven by defendant driver who was allegedly driving under the influence of alcohol. His brother, defendant owner, owned the vehicle. Defendant driver left Blue Water Casino, began driving in excess of 45 mph on a paved road, and then decided to veer onto an unpaved gravel road. In doing so, defendant driver lost control of the vehicle and negligently struck a manhole catapulting the dune buggy into a nearby light pole and chain link fence. Due to the impact, all of the unbelted passengers were ejected from the buggy and sustained severe injuries. The belted passengers sustained far less severe injuries.

The result of this impact caused severe, and life altering, personal injuries to all occupants of the dune buggy. Police later questioned defendant driver as to whether he had been consuming alcohol and he denied any drinking. However, he later submitted to a breath test, which revealed a reading of .168 breath alcohol content. He also failed a battery of Field Sobriety Tests. Further, blood tests were taken to determine his blood alcohol level; one test revealed .167 and another revealed .175, both over twice the legal limit.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that defendant driver was negligent in his driving by going from a paved road to unpaved section of the road. Plaintiffs contended that it was defendant driver's responsibility to ensure that his passengers were properly belted in the vehicle. In deposition, defendant driver admitted that he had not checked on his passengers after leaving the Blue Water Casino prior to the incident.

Plaintiffs disputed defendants' contentions of comparative liability.

DEFENDANTS' CONTENTIONS:
The defense contended that plaintiffs shared a major portion of comparative liability, as they were also intoxicated at the time of the accident. The evidence indicated that the passengers, one of whom was defendant driver's fiancée and the others who were long time friends of the driver, consumed several mixed drinks and beer during the five hours preceding the incident.

The defense also claimed, which was undisputed, that all the three passengers that were in the back of the SPCON Sand Rail were unbelted. The defense claimed that the injuries would have been minimal, similar to the two front belted passengers, if the proper provided seat restraints were used.

Specials in Evidence

$412,695 plaintiff one; $475,332 plaintiff two; $100,698 plaintiff three. $375,000 and $1,300,000 plaintiff one; $1,013,691 plaintiff two; $6,160 plaintiff three; $8,126 plaintiff four

Result

This matter was resolved for $5.6 million policy limits, shortly prior to trial, through two mediations in front of Troy Roe of Judicate West.

Other Information

INSURER: State Farm Insurance - $300,000 primary policy and $5,000,000 umbrella policy. Progressive - $300,000 policy.