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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