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Personal Injury (Vehicular)
Auto v. Motorcycle
Sideswipe Collision

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

Julia J. Parranto


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


#93466

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