Facts

Dustin Becker was camping in a rural part of Monterey County with Matthew Kammerer, Jess Sustarich, and Ian James. They climbed into Christopher Bowie's vehicle in an attempt to find firewood. Bowie, who was intoxicated, lost control of the truck causing it to roll down a steep embankment, throwing the occupants inside the vehicle. Becker's right leg was crushed by the truck.

Becker, prepared to file a lawsuit, filed a claim against Bowie's insurance company. He claimed that Bowie was drunk and also asserted that Monterey County negligently maintained the roads, which potentially collapsed under the weight of Bowie's vehicle.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff was comparatively negligent because he was aware that Defendant was intoxicated before getting into the truck with him. Defendant further contended that routine off-roading cases had been dismissed as barred by primary assumption of risk.

Damages

Becker sought $288,290 in past medical costs; $293,775 in future medical costs; and $481,920 in loss of earnings.

Injuries

Becker's leg was crushed by the truck. He was unable to move until help arrived nearly eight hours later. He was airlifted to a hospital. He suffered fractures to his right leg, back, collarbone, and skull. He also suffered a brain hemorrhage an eye injury. He was infected by poison oak that further caused a blood infection to his right leg, causing delay in the surgery. He was left with permanent scarring and a permanent limp, requiring the use of a cane for mobility.

Result

Bowie agreed to tender his policy limits of $1 million. Becker received $840,000 with the remaining going to the other passengers. Becker's claim against the County was dismissed following the settlement.