Facts

On June 17, 2007, plaintiff Christopher Hope, 33, was injured when he was driving a borrowed 2003 Suzuki motorcycle northbound on North McDowell Boulevard, approaching the signal-controlled intersection of Southpoint Boulevard in Petaluma. He was wearing a helmet at the time of the accident.

Defendant Patrick Tracy was driving a 2000 Jeep Grand Cherokee southbound on McDowell intending to make a left turn onto Southpoint. Tracy maintained that he took a left turn on a protected green arrow and that the light changed to a permissive left turn "green ball" before the impact. Tracy's wife was a passenger and verified her husband's version of events.

DEFENDANT'S CONTENTIONS:
Tracy denied that Hope tried to slow down. Tracy contended that Hope struck the front of the Cherokee when it stopped half way through the turn and went over the top of Tracy's vehicle. Tracy also contended that Hope had an impaired recollection of the details of accident; and that witnesses at the scene told the police that Hope was driving too fast. A northbound vehicle preceded Hope through the intersection on a green light, negating Hope's version of the light sequence for his direction of travel.

Specials in Evidence

Kaiser asserted a lien in excess of $500,000 it was compromised for $279,000.

Damages

Hope was a right-hand dominant heavy equipment operator. He had been in the operating engineers Union Local 3 for four years and although he was an apprentice, he was paid journeyman's wages of $44,000 per year. His work life expectancy was 25 years. Hope lost at least a year's income after the accident but his Kaiser treating physicians released him to return to work in July 2008. Hope's economist estimated past and future income losses and loss of household services in the high seven figures. The defendants disputed this amount and maintained that Hope could return to work as an equipment operator. Billie Jo Hope claimed damages for loss of consortium.

Injuries

Hope was initially treated at Santa Rosa Memorial Hospital for six days, then, at Kaiser Santa Rosa for 10 days, followed by two weeks of rehabilitation at Kaiser Vallejo. His injuries included anterograde amnesia, bilateral pleural effusion, pelvic fractures (requiring embolization, symphysis plating, right sacroiliac screw and pelvic fixator) a right femur fracture (treated with pins and rods) left hand fractures including the radial syloid, navicular, fourth metacarpal and thumb distal phalanx (requiring pinning) right lower extremity neurologic deficits resulting in drop foot. Dr. Robert Bruckman, M.D., orthopedist, opined that the Hope's drop foot was resolving and that it would completely be gone with time. The left wrist injuries would not require future surgical intervention such as a fusion and further that the pelvic plating was not work impairment nor would the plate have to be removed.

Result

The case settled shortly before the trial was to commence for the primary policy of $100,000 and the umbrella policy of $1 million. Part of the settlement was a guaranteed 20-year annuity payment of $1,340 per month making the total settlement to the plaintiffs $1,225,000 deducting the annuity costs. Once the defense reconstructionist analyzed the facts, the defense admitted liability and offered up the policy limits.