Keith Durnen v. Shoshone Development Corporation
Published: Jul. 6, 2002 | Result Date: Mar. 11, 2002 | Filing Date: Jan. 1, 1900 |Case number: CVPM0027406 Bench Decision – $0
Facts
The action arose out of an automobile accident that occurred on Dec. 31, 1999, which rendered the plaintiff a
paraplegic.
An employee of the defendant Shoshone Development Corp., Agnes Hisle, was driving the vehicle and the
plaintiff, Keith Durnen, was a pre-arranged passenger. Hisle was employed as a bartender and had been
working earlier that night, but was not on shift at the time the accident occurred.
The vehicle driven by Hisle veered off the highway, struck an embankment and rolled over, resulting in fatal
injuries to Hisle and injuring the plaintiff.
Two hours after the accident, Hisle had her blood tested and showed a blood alcohol level of .13. The
defendant admitted that Hisle had consumed a maximum of two-three drinks before leaving the bar after her
shift was over. The court concluded that Hisle had consumed no alcohol between when she left the defendantÆs
establishment and when the accident occurred.
The plaintiff sued on theories of negligence, negligent hiring and supervision (because the head bartender had
three previous DUIs, according to the plaintiff) and respondeat superior and sought punitive damages.
The court sustained the defendantÆs demurrer without leave to amend as to the negligent hiring and supervision
counts and granted defendantÆs motion to strike punitive damages without leave to amend. The court also
granted the defendantÆs bifurcation motion.
Other Information
The plaintiff served the defendant with a C.C.P. Section 998 offer to compromise for $1.5 million, and later served another one in the amount of $999,999, one dollar less than the defendantÆs insurance policy limits, according to the plaintiff. The defendant served the plaintiff with a C.C.P. Section 998 offer for $100,000. During a mandatory settlement conference before the court, the defendant increased its offer to $125,000. Following the plaintiffÆs presentation of his case-in-chief at trial, the court granted the defendantÆs motion for judgment under C.C.P. Section 631.8.
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