This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Dangerous Condition of Public Property
Motorcycle Accident

John Gunther v. City of Huntington Beach

Published: Jan. 29, 2000 | Result Date: Dec. 16, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 796147 Verdict –  $0

Judge

James A. Jackman

Court

Orange Superior


Attorneys

Plaintiff

Mindy S. Bish
(Bish Law APC)

Tammy Sedin


Defendant

Mark D. Rutter
(Carpenter, Rothans & Dumont)


Experts

Plaintiff

Roy Zbinden
(technical)

John Dorsey
(medical)

John B. Greene
(Office of the Attorney General) (medical)

Marvin Frager
(medical)

Defendant

Weston S. Pringle
(technical)

Keith McKibben
(technical)

Joseph S. Swickard
(medical)

Facts

On July 3, 1997, plaintiff John Gunther, a 47-year-old printer, was traveling northbound on his motorcycle in the No. 1 lane of three lanes on Bolsa Chica Road in Huntington Beach. The middle lane was coned off by a city sewer crew working with trucks in the No. 2 lane. John Hitt pulled out of a driveway and proceeded through the cone pattern behind the city trucks on his way to the left turn lane and the motorcycle and Hitt's vehicle collided in the No. 1 lane.

Settlement Discussions

The plaintiff demanded $85,000. The defendant made no offer.

Specials in Evidence

$51,000 $20,000 $20,000 $8,000

Injuries

The plaintiff sustained fractures of several toes, TMJ, neck and back injury with disc bulge abutting thecal sac, and contiued problems with weight berrring and altered gait affecting low back.

Other Information

John Hitt settled for $100,000 policy limits before trial. The verdict was reached approximately one year and six months after the case was filed.

Deliberation

five hours

Poll

11-1 (liability)

Length

eight days


#88522

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390