Facts

John Hendrickson filed suit against the United States government based on a collision that occurred on Aug. 27, 2009.

PLAINTIFF'S CONTENTIONS:
Hendrickson alleged that while driving a motorcycle in Dulzura, he was hit by a vehicle driven by on-duty Border Patrol Officer Ryan Moore. Hendrickson contended that Moore was driving a government issued Chevy Silverado headed westbound on Otay Mountain Truck Trail, an unpaved mountain road with multiple blind turns and unprotected drop offs. Plaintiff contended that Moore sped through a blind turn at an unsafe speed and collided with plaintiff, who was traveling eastbound on Otay Mountain Truck Trail and was approaching but had not yet entered the curve from the opposite direction.

Plaintiff claimed Moore was negligent because he operated his government-issued vehicle at an excessive speed, failed to use the convex mirror, failed to yield the right of way and failed to follow his academy and on-the-job drivers training that required him to drive his vehicle as slow as possible around blind turns.

DEFENDANT'S CONTENTIONS:
Defendants denied Hendrickson's allegations and asserted various affirmative defenses.

Specials in Evidence

$589,480

Injuries

Hendrickson suffered severe fractures to his left leg resulting in a surgical below the knee amputation. Hendrickson also claimed left distal tib-fib intra-articular pilon fracture, left distal femur supracondylar fracture, and post concussion syndrome. Plaintiff had 6 months post open treatment for comminuted distal femur fracture with non union, left distal tib-fib fracture, chronic pain and signs consistent with chronic non union, chronic painful dysfunctional foot, secondary to stiffness of the ankle, probable underlying complex regional pain syndrome, phantom limb pain, chronic migraines, emotional distress, and pain and suffering.

Result

The court found that the U.S. government was 85 percent liable for the incident, and that Hendrickson was 15 percent comparatively liable. The court awarded plaintiff $6,338,491 in total damages, for a net award of $5,387,717.35.