This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Motorcycle
SUV Crossing the Double-Yellow Line

Dan Andrews, Lynn Andrews v. Beverly Shearer, Richard Shearer

Published: Jun. 3, 2006 | Result Date: Feb. 9, 2006 | Filing Date: Jan. 1, 1900 |

Case number: MCV030314 Settlement –  $1,347,430

Court

Madera Superior


Attorneys

Plaintiff

Ronald J. Poirier

Mark Ewell Ellis
(Ellis Law Group LLP)


Defendant

Rene I. Gamboa
(Lewis, Brisbois, Bisgaard & Smith LLP)

Benjamin E. Hall
(Office of the U.S. Attorney)

G. Edward Rudloff Jr.


Facts

Plaintiff Dan Andrews was riding a motorcycle northbound on a two-lane road in Madera County. Defendant Beverly Shearer was driving an SUV in the southbound lane. She crossed over the double-yellow line and hit the car directly in front of plaintiff. The collision caused a tire from one of the vehicles to fly off and strike plaintiff's face, which then knocked him off his motorcycle.

Contentions

CONTENTIONS:
Plaintiff sued Beverly and Richard Shearer, co-owners of the SUV, for negligence. Plaintiff alleged that Shearer's act of crossing the double-yellow line proximately caused the accident.

Injuries

Plaintiff was air-lifted from the scene of the accident and flown to University Medical Center in Fresno. He sustained multiple fractures, severe lacerations, diffuse edema to his head and other injuries. Plaintiff underwent several surgeries, received oral maxillofacial treatment for facial trauma and continues to receive physical therapy. When the case settled, plaintiff could walk short distances with a cane. However, since the accident, plaintiff has been unable to return to his job in the parts department at a car dealership. Plaintiff claimed it was unlikely that he would ever return to work. As a result, plaintiff sought $225,000 for past medical costs, $80,000 for past lost earnings and an unspecified amount for future medical costs, future lost earnings and pain and suffering. Plaintiff's wife sought an unspecified amount for loss of consortium.

Result

The case settled for $1,347,434. Of this amount, the Shearers personally contributed $245,000, and their insurance carriers contributed the remainder.


#120415

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390