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Personal Injury (Vehicular)
Auto v. Motorcycle
Wrongful Death

Estate of Buckley v. Owen

Published: Jan. 1, 2000 | Result Date: Jun. 3, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 98CV2254 Verdict –  $74,955

Judge

John E. Popovich

Court

Adams Superior


Attorneys

Plaintiff

George J. Nichols III


Defendant

Christopher J. Witte


Experts

Plaintiff

Mark Bella
(technical)

Facts

The plaintiff was riding a motorcycle when the defendant, a 70-year-old, turned left in front of him. The plaintiff ran into the defendantÆs car and died as a result of his injuries. A witness 400 yards from the scene claimed that the motorcyclist was speeding, while another at the scene said he was not. A police investigation ensued, including a full-scale videotaped reconstruction several months later. The police concluded that the defendant was at fault, and he was charged criminally with careless driving causing death.

Settlement Discussions

The plaintiff demanded $97,629. The defendant offered $90,639.

Specials in Evidence

$31,379

Damages

$1,894 (funeral expenses)

Other Information

The defendant was convicted by a jury on the criminal charge two weeks before the start of the civil trial. The defendant defeated collateral estoppel, arguing the conviction was not final since he had not yet been sentenced.


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