Confidential
Settlement – $100,000Judge
Court
Humboldt Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Matt Kirsten
(technical)
Defendant
Herbert A. Moskowitz
(technical)
Facts
On July 16, 2003, at 9:10 p.m., Shawn Doty, 20, had a head-on collision on Highway 1 with a truck driven by Michael Belmont Sr. Doty crossed into oncoming traffic at a speed estimated to be close to 80 mph when he collided with Belmont, instantly killing Belmont (aged 41) and his passenger, Lisa Carlson (aged 36). The California Highway Patrol found open and sealed bottle of Great White Beer at the accident scene, some of which were cold. Doty was taken to the local emergency room and a blood sample was taken at that time. The results of the sample indicated that Doty's blood alcohol content was 0.23. Statements were taken of Doty and his passenger Kenneth Pullen, who was also injured in the accident. According to the CHP report, Doty and Pullen had done some chores at Doty's mother's house around 10 a.m. There is conflicting evidence regarding the consumption of beer at the time. According to the CHP, Doty indicated that he and Pullen had a couple of beers. Pullen denies this and Doty claimed not to remember anything about that day after criminal charges were brought. It is clear that Doty and Pullen proceeded to drive to the Pullen's family cabin near Cunejo Creek. According to the CHP and to two of the employees of the Redcrest Store, Doty and Pullen came by the Redcrest at about 2 p.m., showed the employee fake identification, and had two beers each in an eating area adjacent to the store. The employee who sold the beer later claimed that Doty and Pullen were there at 6 p.m. and that she never told the police that they were there at 2 p.m. She did testify at deposition that she sold only two beers to the two boys and that when they left they did not appear to be intoxicated. Pullen admitted that he and Doty went to his parents' cabin where they went fishing, went off-roading and did some drinking. According to Pullen, he and Doty split a fifth of vodka at the cabin and drank some beer. Pullen testified that Doty had the vodka and beer behind the seat of his pick up truck but that he did not know where the alcohol came from. Pullen stated that after they left the cabin, they went to the Redcrest store where they were served several beers each. He indicated that when they left, they were both drunk. They proceeded to drive to Pullen's brother's house where they stayed for about 20 minutes. Doty was carrying a six-pack of Great White Beer but Pullen's brother made him leave it in the truck because of probation regulations. Pullen testified that after about 20 minutes, he and Doty left his brother's house, got onto Highway 1 and that he did not remember what happened after that because he passed out. Michael Belmont left five surviving children.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand of $1 million from the Haddads two months prior to trial. The demand was lowered to $500,000 at the mandatory settlement conference two weeks prior to trial. The demand was lowered to $125,000 after four days of trial. The Haddads made a C.C.P. Section 998 offer of $125,000 10 days prior to trial. After four days of trial, the offer was $75,000. The parties agreed to settle at $100,000 prior to the defense putting on its case in chief. The insurance carrier for the Haddads had withdrawn coverage based on alleged misrepresentation in the application for insurance.
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