Wilson v. Whitten and Dial
Published: Jan. 1, 2000 | Result Date: Aug. 20, 1999 | Filing Date: Jan. 1, 1900 |Case number: CV9713 Verdict – $3,003,000
Judge
Court
Coconino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Saundra Butterbaugh
(technical)
Joe Caplan
(technical)
Ron Leeborn
(technical)
Larry Stokes
(technical)
Robert Brownsberger
(medical)
Facts
On July 13, 1996, plaintiff Wesley Wilson, a 43-year-old heavy highway construction worker, was driving his automobile on southbound on Highway 89A in Flagstaff. He was intending to turn left onto J.W. Powell Boulevard. Defendant Fred Whitten, driving his automobile westbound on J.W. Powell, pulled forward from the stop sign and failed to yield to an automobile driven by defendant Eric Dial, who was approaching the intersection on 89A from the south approximately 45-50 mph. Dial swerved on 89A and lost control of his vehicle. Defendant Dial's automobile struck the plaintiff's vehicle on the driver's side. The plaintiff brought this action against defendants Dial and Whitten based on negligence.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $425,000. Defendant Dial offered his $100,000 policy limit two years before trial. Defendant Whitten refused to offer his $100,000 policy limit until weeks before trial. The plaintiff then refused to accept payment of the available policy limits.
Specials in Evidence
$105,000 in excess of $650,000 in excess of $96,000
Damages
The plaintiff claimed damages of $2.5 million to $4.2 million.
Injuries
The plaintiff sustained herniated disc in his neck and back, requiring three surgeries.
Deliberation
1½ hours
Poll
7-3
Length
eight days
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