Len Briese v. William James Tilley
Published: Jan. 29, 2011 | Result Date: Oct. 28, 2010 | Filing Date: Jan. 1, 1900 |Case number: C-08-04233 Verdict – $850,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Michael C. Serverian
(Office of the Santa Clara County Counsel)
Experts
Plaintiff
Creed Wood
(medical)
Defendant
John O. Missirian
(medical)
Facts
On July 21, 2007, a motorcycle operated by Len Briese was involved in a sideswipe collision with a recreational vehicle (RV), which was being dragged by a vehicle driven by William Tilley, a resident of Oklahoma. As a result, Briese was knocked out cold and filed an action against Tilley for negligent operation of motor vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant's RV swerved into plaintiff's lane on a sharp turn, and thus, the motorcycle crashed into the vehicle's driver side.
DEFENDANT'S CONTENTIONS:
Defendant disputed damages only.
Settlement Discussions
Plaintiff demanded $600,000 and defendant offered $350,000.
Damages
Plaintiff requested $67,611 in medical costs, $58,000 in future medical costs, and $8,000 in future lost earnings. Plaintiff's attorney asked the jury to award between $1.5 million and $2 million dollars. Defendant's counsel asked the jury to award around $400,000.
Injuries
Plaintiff suffered debridement, degloving injury, fibula fracture, tibial plateau fracture, internal fixation, open reduction, screws, sutures, and wound dehiscence. Plaintiff had two surgeries following the incident. Both experts agreed plaintiff would also need a knee replacement surgery in the future.
Result
The jury awarded plaintiff $850,000.
Other Information
Allstate was an insurer.
Deliberation
one hour
Poll
8-0
Length
four days
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