Steven D. Tyrrell v. Daren K. Henderson
Published: Jul. 12, 1994 | Result Date: May 31, 1994 | Filing Date: Jan. 1, 1900 |Case number: 902019131 – $3,694,070
Judge
Court
Spokane Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert W. Moss
(technical)
Marilyn Russell
(technical)
John Garcia
(medical)
John Conaty
(medical)
James Brinkman
(medical)
Vivian Moise
(medical)
Dennis Parr
(technical)
William Brady
(medical)
Catherine Mateer
(medical)
Anthony J. Choppa
(technical)
Defendant
Lloyd I. Cripe
(medical)
David W. Abbott
(Judicate West)
(medical)
Carol Murren
(medical)
Lowell Bassett
(technical)
Ralph Duncan
(technical)
Donald Hutchings
(medical)
Daniel McKinney
(technical)
Facts
On July 5, 1988, Steven Tyrrell, a 23-year-old college student, was traveling in his high-powered Camaro to a convenience store accompanied by three members of the Henderson family, Dwight, his brother Daren, and their sister. No one had been drinking alcohol. Steve allowed Daren to drive. The vehicle left the road at a high rate of speed and rolled several times, injuring all 4 occupants. Steven Tyrrell was comatose for 6 days and sustained memory impairment through September of 1988. The Hendersons sued Tyrrell claiming that he drove his own vehicle and was the negligent cause of the collision and their injuries. Tyrrell counter-claimed that Daren Henderson was the driver. In July of 1993, a jury found for Tyrrell and identified Daren Henderson as the negligent driver. The 1994 phase of the trial was conducted to determine the extent of the damages.
Settlement Discussions
Plaintiff contends his demand was for the policy limits of $1,750,000 and Defendant offered $650,000 present value structured (during trial).
Specials in Evidence
$153,408 $49,000 reduced capacity, range of $950,000 to $1,400,000 $200,000 (approximately, per Plaintiff) $10,000 (per Defendant)
Injuries
Head trauma resulting in a 6-day coma, short-term memory loss, and permanent cognitive deficits; Plaintiff required extensive hospitalization and ongoing therapy; multiple fractures requiring open reductions internal fixations with residual pain and discomfort.
Other Information
According to Plaintiff, Defendant Henderson's insurance company agreed to waive the policy limits ceiling of $1,750,000 just prior to the damages trial in exchange for Plaintiff's dropping any bad faith claims. Defendant contends the limits were waived to protect the insured, Daren Henderson.
Deliberation
2.5 hours
Poll
12-0
Length
11 days
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