Facts

On Nov. 19, 2006, defendant Thomas Russell Birchell drank beer all afternoon and admitted to the arresting officer that he had consumed 10 cans of beer and another with dinner. After an argument with his wife, he drove a Cencal Roofing truck and into the path of plaintiff Frances Melania Edwards. Although Edwards tried to hit her brakes, defendant Birchell blocked her path so there was nowhere for her to go and she was unable to avoid the collision. Birchell’s blood alcohol at the scene was .165.

The defendants claimed there were mitigating factors.

On March 22, 2006, defendant Birchell was convicted of felony drunk driving and was sentenced to 75 days jail time and three years formal probation.

Birchell admitted liability.

Damages

$105,000 (economic damages)

Injuries

The plaintiff’s ankle was shattered, her abdomen and chest were bruised and she had broken ribs. She underwent an open reduction internal fixation surgery of her right bimalleolar ankle fracture. The plaintiff suffered isolation and inactivity, depression, sadness, inability to sleep because of pain, leading to exhaustion and dependency on others for daily living activities; a life revolving around a painful ankle and foot, doctor’s appointments, medical supplies. The plaintiff alleged this was a lifestyle quite different than prior to the accident, where the plaintiff was an active, vibrant person, traveling, running, rock climbing, hiking, sharing activities with her friends and grandchildren. The plaintiff may have to undergo future surgery to remove the plates and screws affixed to her ankle.

Result

Total settlement of $965,870 ($955,870 from insurance; $10,000 in additional recovery from Thomas R. Birchell individually.