Carl Kirsch and Alisa Mooy v. Thomas David Britt
Published: Jul. 11, 1998 | Result Date: Apr. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: 130938 Verdict – $0
Judge
Court
Shasta Superior
Attorneys
Plaintiff
Steven R. Enochian
(Low McKinley Baleria & Salenko LLP)
Defendant
Experts
Plaintiff
Kevin D. Harrington
(medical)
Defendant
Harvey Lacy
(technical)
Michael J. Stephenson
(technical)
Facts
On July 9, 1996, plaintiffs Carl Kirsch, a 30-year-old white water river guide, and plaintiff Alisa Mooy, a 23-year-old restaurant employee, were riding their motorcycle eastbound on a multiple curve road when they came out of a right turn and hit defendant Thomas Britt's westbound Toyota pickup truck head-on. Skid marks from the collision were all in the plaintiffs' lane of travel. The pickup came to rest in the plaintiffs' lane of travel, with the motorcycle under the left front of the pickup. The plaintiffs were thrown to the side of the road. The motorcycle driver was rendered unconscious. He was taken by air lift to Mercy Medical Center in Redding. Both plaintiffs suffered severe left leg injuries. The plaintiffs brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiffs made a settlement demand for $394,704.18. The defendant offered $200,000 at the settlement conference.
Specials in Evidence
$40,694 (Kirsch); $41,794 (Mooy) $34,984 (Kirsch); $11,232 (Mooy) $56,000 - 86,000 (Kirsch); $30,000 (Mooy)
Injuries
Plaintiff Kirsch suffered a comminuted mid-shaft femur fracture in his left leg, two fractures of the left ulna, fracture of the left radius, deep laceration to the chin, multiple abrasions and contusions, concussion, intracranial hemorrhage, left knee hemarthrosis, PCL and ACL tears of the left knee, and a medial nerve injury of the left arm. Plaintiff Mooy suffered a punctured wound of the lower left leg, compound fractures of the left tibia and fibula, chest contusions, left knee injury, left ankle injury, and lower lumbar pain.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. A settlement conference was held on April 8, 1998, before Judge Halpin of the Shasta Superior Court, resulting in no settlement.
Deliberation
four hours
Poll
9-3
Length
7½ days
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