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Personal Injury
Premises Liability
Wrongful Death

Rob Johnson, Gina Johnson v. Paul Hawes, Hawes Motorsports, LLC

Published: Nov. 26, 2016 | Result Date: Oct. 14, 2016 | Filing Date: Jan. 1, 1900 |

Case number: SCV 0035888 Verdict –  Defense

Court

Placer Superior


Attorneys

Plaintiff

Brendan M. Kunkle
(Abbey Weitzenberg Warren & Emery PC)


Defendant

William S. Kronenberg
(Kronenberg Law PC)


Experts

Plaintiff

Russell Darnell
(technical)

Christine Naber
(medical)

Defendant

Paxton Waters
(technical)

Facts

On March 16, 2013, then 14-year-old Marcus Johnson was struck and killed by an out of control sprint racecar while he was in the pits of the Marysville Raceway, a quarter-mile dirt oval racetrack. His parents, Rob and Gina Johnson filed a wrongful death lawsuit against the racetrack promoter, Paul Hawes, and Hawes Motorsports LLC.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs had the burden of proving that defendants were grossly negligent in the design of the track, which led to the death of their son. Specifically, plaintiffs had the burden of proving that defendants lacked any care or that their actions represented an extreme departure from what a reasonable person would do in a similar situation to prevent harm to others. Plaintiffs claimed that Paul Hawes and Hawes Motorsports were grossly negligent in the configuration of the open track exit in a way that made it foreseeable that a car could enter at a high rate of speed.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the track was not improperly designed and was not a substantial factor in the death of plaintiffs' son.

Settlement Discussions

Defendant offered $250,000 prior to trial. Plaintiff demanded $500,000 prior to trial.

Damages

According to defense, plaintiffs asked the jury to award $5-$10 million in damages.

Result

Defense verdict.

Other Information

FILING DATE: Feb. 18, 2015.

Deliberation

three days

Poll

9-3

Length

two weeks


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