Facts

On May 3, 2003, plaintiff Staats was traveling northbound at 50 mph in the left of the two-lane Sierra Highway,
between Ave. K and Ave. L, in Lancaster. That section of the roadway is comprised of two lanes for each
direction with a center turn lane, with a 50 mph speed limit.
Bowie was traveling southbound in the left lane at 50 mph. The hood of the southbound vehicle ahead of Bowie
flew off that vehicle and into the air. Bowie swerved hard to his left, crossed the center turn lane, and a heavy
head-on impact followed between the vehicles driven by plaintiff Staats and Bowie. Witness accounts varied
over whether the hood passed over the top of BowieÆs truck or landed in front of him.
The plaintiff sustained multiple fractures of his ribs, both legs, and right foot which required open reduction and
fixation. The plaintiff submitted medical bills of $150,000 and a wage loss claim of $80,000. The plaintiff
developed chronic pain, was no longer able to work in construction, and would need future surgery to remove
the fixation hardware.
Bowie later died from unrelated causes and his estate was substituted as defendant.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was liable for the negligence of the late Samuel Keith Bowie.

DEFENDANT'S CONTENTIONS:
The defendant contended that the driver of the truck which lost its hood was the sole cause of the accident.

Settlement Discussions

The defendant offered its $15,000 policy limits prior to litigation and again, pursuant to a C.C.P. Section 998 offer, on May 25, 2004. The plaintiff served a C.C.P. Section 998 demand for $249,999 on Jan. 5, 2005, and served a new C.C.P. Section 998 demand for $499,999 on Feb. 15, 2005. The plaintiff later demanded $3 million.

Result

Defense verdict. At the request of the plaintiff, the trial was bifurcated. The plaintiff dismissed defendant Graham for a waiver of costs the day before trial. The defendant's $42,000 cost bill is pending.

Deliberation

one day

Poll

9-3 (one abstaining)

Length

eight days