Michael Hull v. Carolina Cargo Inc. of Rock Hill a/k/a Carolina Cargo, Regina Yvette Wood, Maria Elena Ramirez
Published: Jun. 5, 2010 | Result Date: Apr. 15, 2010 | Filing Date: Jan. 1, 1900 |Case number: M89908 Verdict – $536,000
Court
Monterey Superior
Attorneys
Plaintiff
Michael P. Masuda
(Noland, Hamerly, Etienne & Hoss PC)
Defendant
Experts
Plaintiff
James D. Kelly
(Law Office of James D. Kelly)
(medical)
Allen L. Hershey
(medical)
G. Michael Michael Graham
(technical)
Defendant
Rick A. Sarkisian
(technical)
Facts
On July 13, 2006, plaintiff Michael Hull was stopped at a Salinas intersection, on his motorcycle, when he was involved in a collision with an SUV driven by defendant Maria Ramirez and a tractor trailer owned by defendant Carolina Cargo Inc. of Rock Hill, which was owned by defendant Regina Wood.
Hull sued Carolina Cargo, Wood, and Ramirez. Ramirez was dismissed from the suit prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Hull claimed the truck cut the corner while making a turn and striking a van in front of him. Plaintiff contended that the initial collision pushed Ramirez's vehicle backwards and knocked Hull off his motorcycle.
DEFENDANTS' CONTENTIONS:
Carolina Cargo and Wood denied that the truck left its lane. Carolina Cargo and Wood admitted that Hull would not fully recover from his injury and would not be able to return to work in construction labor. However, defendants argued that Hull could return to the work force as a cost estimator. The defense contended that this was established by Hull's own vocal rehabilitation expert, who testified that Hull could be employed as a cost estimator post-accident, earning over $70,000 per year.
Settlement Discussions
Hull demanded $843,000. Carolina Cargo and Wood offered $500,000.
Damages
Hull sought $699,000 for medical expenses, pain and suffering, and lost income.
Injuries
Hull claimed rotator cuff tears in both his shoulders, requiring two surgeries. Hull's physician testified that future shoulder replacement surgery would be needed in 10 years, at a cost of $50,000. He claimed that he is now unable to raise his right arm, his dominant arm, above his shoulder. Hull claimed he would be unable to return to contracting work. The defense agreed in general with the doctor's testimony in this area.
Result
A verdict was returned for Hull for $536,000: $110,000 for past and future medical cost, $251,000 for total lost earnings, and $175,000 for all pain and suffering.
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