Julie Ann Greene and Estate of Becky Lee Brown v. Pierce County
Published: Feb. 22, 1994 | Result Date: Feb. 2, 1994 | Filing Date: Jan. 1, 1900 |Case number: 872087293 Verdict – $7,010,240
Judge
Court
Pierce Superior
Attorneys
Plaintiff
Defendant
John C. Graffe
(Johnson, Graffe, Keay, Moniz & Wick LLP)
Experts
Plaintiff
Slade Hulbert
(technical)
Lawrence Benson
(technical)
Edgar Steinitz
(medical)
Anthony J. Choppa
(technical)
Edward M. Stevens P.E.
(technical)
Hsushi Yeh
(medical)
John L. Finch
(technical)
Catherine Mateer
(medical)
Wanda Morris
(technical)
Gerald Erickson
(medical)
Richard L. Cook
(technical)
David Ekland
(medical)
Richard Wohns
(medical)
Rudolf Mortimer
(technical)
H. Lowell Lazara
(technical)
Defendant
John Logan
(technical)
John Brown
(technical)
Joseph Moisan
(technical)
Kent Arola
(technical)
Facts
On January 25, 1987, at 6:50 p.m., Plaintiff Julie Greene, a 21-year-old part-time caterer's assistant, rode as a passenger in a car driven by Becky Brown, a 22-year-old mother of 4-year-old Jessica Brown. According to an eyewitness pedestrian, three cars went past him traveling westbound on 24th Street East, a Defendant County of Pierce road. They were approaching a railroad crossing at approximately 30 mph in a 35 mph zone. A train approached from the south. The first car crossed the tracks without incident; the second car, containing Greene and Brown, followed two seconds back and was struck by the 2,000-ton train. Becky Lee Brown was killed. Plaintiff Julie Ann Greene was found in the passenger seat unconscious, with a caved-in forehead.
Settlement Discussions
Plaintiff Julie Ann Greene contends they demanded $1,350,000 and Defendant Pierce County offered $300,000 to Plaintiff Greene and $25,000 to Plaintiff Estate of Becky Lee Brown before trial.
Specials in Evidence
$196,843 (Greene) $769,600 (Greene) $109,700 (Greene)
Damages
(1) Non-economic damages for the Estate of Becky Brown: $150,405. (2) Damages for the benefit of Jessica Brown: $1,115,200 non-economic; $277,754 economic.
Injuries
Mrs. Greene sustained depressed frontal skull fractures, extensive facial fractures, and mandible fractures; severe closed head injury (frontal lobe) with resultant cognitive dysfunction; blindness in both eyes (left eye enucleated); loss of senses of smell and taste; impairment of hearing (left ear); dental fractures requiring extraction of 13 teeth, crown and bridge work; cerebrospinal fluid leakage; she underwent multiple neurosurgical and orthopedic surgeries, including reconstruction of the forehead and nose, using rib-bone material.
Other Information
Trial court ruled post-trial that Defendant County was jointly and severally liable with the Brown Estate for the full amount of Plaintiff Greene's judgment. Court denied Defendant's motion for an offset for amounts paid in pretrial settlements by Union Pacific Railroad to Plaintiffs Greene and Brown. Court allowed Defendant right of contribution only against Brown Estate, exempting $1,115,200 awarded decedent's daughter, less 60.2% contributive fault, for a net award of $671,350.
Deliberation
2.5 days
Poll
10-2
Length
3.5 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390