Julie Hoebeck, et al. v. Riley Dewayne Franks III, et al.
Published: Feb. 11, 2003 | Result Date: Dec. 20, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC770616 Verdict – $3,312,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
J. Dean Rice
(Hartsuyker, Stratman & Williams-Abrego)
Defendant
Experts
Plaintiff
Calvin A. Colarusso
(medical)
Tom Zelesky
(technical)
Joseph F. Viglotti
(medical)
Lawrence J. Kashar Ph.D.
(technical)
Roberta J. Spoon
(technical)
Nancy E. Markel Ph.D., APC
(medical)
Stephen W. Kirkpatrick
(technical)
Alison G. Vredenburgh Ph.D., CPE
(technical)
Harry J. Krueper Jr.
(technical)
Defendant
James M. Bried
(medical)
Dennis C. Schneider
(technical)
James J. Schultz
(technical)
Arun Kumar
(technical)
Christine T. Wood
(technical)
Barbara S. Moyer
(medical)
Perry R. Lubens M.D.
(medical)
Dominick Addario
(medical)
Patrick F. Kennedy
(technical)
Robert E. Whitmore
(medical)
Facts
This suit relates to a wrongful death and personal injury case that arose out of an accident that occurred on June 14, 2001, at the intersection of El Norte Parkway and Ash Street in the City of Escondido. The decedent, Ronald James Hoebeck Jr., 41, was the driver of a 1998 Grand Jeep Cherokee. His passengers were his wife, Julie Hoebeck, 37, and his stepdaughter, 14. The decedent was traveling north on Ash Street and stopped for a red signal at the intersection of El Norte Parkway. When the traffic signal turned green, the decedent proceeded into the intersection with the intention of continuing northbound on Ash Street. As the Jeep entered the intersection, it was struck on the driver's side by a 1991 Nissan King Cab pick-up that had run the red signal, traveling east on El Norte Parkway. The 1991 Nissan King Cab driven by the co-defendant Riley Dwayne Franks III, had been modified by the installation of a suspension lift kit, a body lift kit and oversized 35-inch tires. These modifications had occurred in 1992 shortly after Franks III purchased the vehicle. Trail Master Products Inc. was the manufacturer and distributor of a four-inch suspension lift kit which was sold and installed by California Pacific Off Road Center (a defunct corporation). Following installation of the four-inch suspension lift kit, Franks III had a body lift installed on the vehicle. Finally, Franks III had oversized tires installed on the body which were sold by the co-defendant, Pacific Tire & Wheel Inc. With these three modifications on the 1991 Nissan, the vehicle was elevated approximately 13 inches over the original equipment manufacturer's design. The impact into the side of the Jeep caused the Jeep to roll over one and a quarter times. The height of the impact also caused over 30 inches of intrusion into the driver's seat. The defendant, Riley Dwayne Franks III was arrested for felony drunk driving. He entered a plea of guilty to the charge.
Settlement Discussions
The plaintiffs served C.C.P. Section 998 demands as follows: Julie Hoebeck, $2 million; Jessica Young, $750,000; Ronald James Hoebeck III, $1 million. The defendant Trail Master Products Inc. settled with Brandon Young pre-trial for $30,000 and made C.C.P. Section 998 offers to Julie Hoebeck, Jessica Young and Ronald James Hoebeck III for $30,000.
Specials in Evidence
$63,000 (Julie Hoebeck); $53,000 (Jessica Young)
Damages
Economic loss associated with the wrongful death of Ronald James Hoebeck Jr. (per the plaintiffs) $1,975,000.
Injuries
Ronald James Hoebeck Jr. died at the scene of the accident. The plaintiff, Julie Hoebeck, suffered a fractured clavicle and a mutilation injury to her right index finger. The right index finger was subsequently surgically amputated. The plaintiff, Jessica Young, suffered a closed head injury and a fractured skull.
Result
The jury returned a plaintiff verdict on both causes of action for the manufacturing defect and the failure to warn. With respect to the percentage of liability assessed to each defendant, the defendant, Riley Dwayne Franks III (the driver) was assessed 35 percent and the defendant, Trail Master Products Inc. was assessed 65 percent. Riley Dwayne Franks II, the registered owner was dismissed on the first day of trial. The defendant, Pacific Tire & Wheel Inc. obtained a summary judgment and did not participate in the trial.
Other Information
The plaintiffs have appealed the ruling of summary judgment of the defendant, Pacific Tire & Wheel Inc.
Deliberation
1.5 days
Poll
12-0 (failure to warn), 12-0 (manufacturing defect), 10-2 (apportionment of fault between defendants), 12-0 (causation)
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390