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Personal Injury
Auto v. Motorcycle
Negligence

Juergen Ullrich v. Young Seok Kim

Published: May 25, 2004 | Result Date: Apr. 14, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 02CC13720 Verdict –  $929,375

Judge

Randell L. Wilkinson

Court

Orange Superior


Attorneys

Plaintiff

Mickey L. Fine
(The Law Offices of Mickey Fine)

John V. Hager


Defendant

David B. Wasson
(Wasson & Associates Inc.)


Experts

Plaintiff

Michael Laird
(medical)

Keith E. Liberman M.D.
(medical)

Defendant

Jacob E. Tauber M.D.
(medical)

Facts

On Sep. 3, 2001, the 38-year-old plaintiff, Juergen Ullrich, was leading a group of fellow Harley-Davidson motorcycle riders northbound on Highway 1 near San Luis Obispo. He was riding a 2002 Harley-Davidson. The defendant Young Seok Kim was driving a 1998 Nissan Maxima traveling southbound on Highway 1. Kim had passenger Sara Lee in his car.

Settlement Discussions

The plaintiff offered to settle the single-claim policy limit of $15,000 early in the case. The offer was not accepted. The plaintiff's demand was raised to $900,000 and reduced to $750,000 during trial. The plaintiff served a pre-trial C.C.P. Section 998 offer for $1.1 million. The defendant offered $750,000 during litigation.

Specials in Evidence

$167,000 The plaintiff claimed loss of future bonuses; this was disputed by the defendant $180,000 (per plaintiff); the defendant argued that future medical bills should not exceed $25,000

Injuries

The plaintiff contended that he suffered a femur fracture, tib-fib fractures and metatarsal fractures. The plaintiff had intramedullary rodding in his femur and corrective pins placed in his toes. Shortly after surgery, the plaintiff returned home to Wurtzburg, Germany. The plaintiff resumed many of his daily activities but still suffered soreness and pain in the injured areas. The plaintiff may need future surgery to correct problems caused by the fractured femur and fractured metatarsals.

Deliberation

1.5 days

Length

four days


#95838

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