Confidential
Settlement – $725,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Wayne J. Boehle
(ADR Services Inc.)
Experts
Plaintiff
Peter Orner
(medical)
Defendant
Hugh H. Hurt Jr.
(technical)
Scott F. Dye
(technical)
Michael Stulberg
(medical)
F. Warren Lovell M.D.
(medical)
Facts
On September 21, 1991, at approximately 9:30 p.m., the decedent, a then 56-year-old retired wine distributor, was operating his restored 1946 Indian Chief motorcycle on Johnson Avenue. While entering the northbound Interstate 101, at the Johnson Avenue on-ramp, the plaintiff attempted to travel from the on-ramp lane to traffic lane number three. Because of construction there was a two to two and one half inch vertical rise between the on-ramp lane and the number three traffic lane, causing the wheels of the decedent's motorcycle to hang up on the lip, go out of control and throw the decedent off the motorcycle to the pavement. The decedent was not wearing a helmet and died of a skull fracture. The defendant pavement and grinding company was responsible for the removal of the old road surface. The defendant contractor was responsible for repairing and constructing the road. The plaintiff brought this action based on a negligence theory of recovery.
Settlement Discussions
The settlement negotiations were too extensive to report.
Specials in Evidence
$12,000
Damages
$370,000 (loss of support - present cash value), $5,000 (funeral expenses)
Injuries
Death as a result of a skull fracture.
Other Information
The settlement was reached approximately three and a half years after it was filed.
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