Eric L. Jennings, Erin M. Jennings v. F&G Custom Ag, Van Grow Farms, Gary Van Groningen, Wesley Henry Lake
Published: Nov. 8, 2019 | Result Date: Apr. 30, 2019 | Filing Date: Apr. 16, 2018 |Case number: 18CVP-0131 Settlement – $2,000,000
Mediator
Court
San Luis Obispo County Superior Court
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Richard C. Stamper
(Law Office of Penny S. Moore)
Facts
Plaintiffs Eric L. Jennings and Erin M. Jennings filed suit against defendants F&G Custom Ag, Van Row Farms, Gary Van Groningen, and Wesley Henry Lake in relation to a vehicle collision that occurred on March 5, 2018, in San Luis Obispo.
Contentions
Plaintiffs contended that they were traveling eastbound on State Route 46 near Lucy Brown Road when defendant, driving a tractor-trailer traveling westbound, crossed the yellow lines, collided with a tractor-trailer and then collided head on with plaintiffs' motor vehicle.
DEFENDANT'S CONTENTIONS: Lake claimed that he had a tire failure.
Specials in Evidence
Meds: $127,214 (Eric); $83,751 (Erin) Loe: $42,792 (Erin) wages plus bonus
Injuries
Eric, a 52-year-old retired California Highway Patrol captain, suffered a right distal radius intra-articular fracture. He underwent open reduction and internal fixation of the right distal radial fracture on March 16, 2018. He also sustained comminuted displaced intraarticular body fracture of the right talus and a displaced distal radial fracture. He has early post traumatic arthritis of the ankle and subtalar joints and limited range of motion of the ankle joint and subtalar joint. Erin, 48, had a closed head injury which her neuropsychologist diagnosed as postconcussion syndrome and major depression. She had facial fractures which resulted in surgery described as left orbital floor reconstruction with anterior iliac crest bone graft from the left hip. She had dental injuries, including a cracked root of a molar and infection, broken right rib, laceration on chin and face.
Result
The case settled for $2 million policy limits through Nationwide which included $227,496.35 for property damage, $775,470.35 for Eric, $775,470.34 for Erin, and $221,562.96 for an additional claimant.
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