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
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)
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.
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