Richard Rearley v. United States of America
Published: Feb. 2, 2024 | Result Date: Oct. 2, 2023 | Filing Date: May 24, 2021 |Case number: 2:21-cv-04300 Settlement – $1,850,000
Judge
Court
CD CA
Attorneys
Plaintiff
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Andrew Owen
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
Jill Casselman
(Office of the U.S. Attorney)
Facts
This case concerned an automobile v. motorcycle collision that occurred on April 3, 2019 at 5:20 p.m. at the intersection of Las Posas Road and Pleasant Valley Road in Ventura. Plaintiff Richard Rearley was riding his motorcycle southbound towards the intersection. Jonathan Becker was driving a rental car northbound towards the intersection. When Becker reached the intersection, he failed to see plaintiff and attempted a left turn. Plaintiff crashed into the rental car and suffered serious injuries that required six different surgeries.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Becker's negligence was the sole cause of the crash and that he was in the course and scope of his employment with the United States as he was on his way to a work conference when the crash occurred.
Plaintiff further contended that he suffered serious injuries that resulted in significant economic and non-economic damages.
DEFENDANT'S CONTENTIONS: Defendant admitted course and scope and ultimately admitted negligence but disputed the cause, nature, and extent of plaintiff's injuries and damages. Defendant contended plaintiff had not healed from prior injuries to the same body parts, that plaintiff did not have an sufficient work history to justify the lost earnings claims, and that plaintiff suffered from pre-existing mental and emotional issues that prevented him from recovering after the subject collision.
Settlement Discussions
The parties completed an initial mediation that was unsuccessful. At the trial readiness conference, the Hon. Virginia Phillips ordered the parties to a settlement conference with Magistrate Judge Michael Wilner, who ultimately lead the parties to settlement.
Specials in Evidence
Meds: $142,887 Loe: $119,155 Future Loe: $1,524,851 Future Meds: $1,111,456
Injuries
Plaintiff suffered left hip avascular necrosis secondary to left proximal femur fracture, right open ulna fracture, right hand carpal tunnel syndrome, left scapular fracture, left shoulder tendonitis/bursitis, fractured ribs, collapsed lung and splenic injury, and chronic pain and PTSD.
Result
The case settled for $1,850,000.
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