Facts

On July 25, 2005, Joseph A. Paul, 45, was riding his Yamaha motorcycle on Santiago Canyon Road, with a 55 mph speed limit. Traveling in the opposite direction, and driving a GMC Sierra truck, defendant Jay Risley Hosey, while in the course and scope of his employment with the County of Orange, attempted to make a left turn (U-turn). An accident occurred between Joseph Paul and Jay R. Hosey, resulting in the death of Joseph Paul.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's inattention and negligence was the sole cause of the accident.

DEFENDANT'S CONTENTIONS:
The defendants argued that the decedent was traveling between 80 to 100 mph. One witness claimed that the decedent passed her, just prior to the accident, with an estimated speed of approximately 100 mph. The defendants claimed that the decedent's motorcycle was the fastest production motorcycle available and that wear marks on the motorcycle’s tires showed severe, high speed cornering. The defendants also sought to introduce evidence that the decedent recreationally raced motorcycles. The defendants contended that the decedent was the cause of the accident.

Result

Settlement, $350,000.

Other Information

Agnew & Brusavich represented only the 70-year-old father of the decedent. Extensive evidence confirmed the close relationship between the decedent and his father. His claim was resolved for $325,000. The decedent's surviving estranged wife was also a plaintiff in this action. She agreed to resolve her claim for $25,000. Agnew & Brusavich associated into this case as trial counsel on Nov. 16, 2006, two months prior to the scheduled trial date. Prior to this association, the global offer to both plaintiffs was $100,000.