Facts

On June 25, 2003, plaintiff John Mark Spencer was proceeding eastbound on State Route Highway 4 in his Jeep Cherokee. Plaintiff Patricia Spencer (his wife) and John W. Spencer, (his father) were passengers in the vehicle. Defendant James E. Rohrer was proceeding westbound on State Route Highway 4 in his Mercedes-Benz. Rohrer caused his Mercedes-Benz to cross the double yellow lines, drive into oncoming traffic and collide head-on with the Spencer vehicle. The head-on impact caused catastrophic personal injuries and damages to Mark and Patricia Spencer, and the death of John W. Spencer.

Plaintiffs Mark and Patricia Spencer claimed for their own physical injuries and also damages pursuant to Dillon v. Legg.

Plaintiffs Mark, Susan, Mary White and Brian Spencer had claims for the wrongful death of their father/grandfather, John W. Spencer. Mark also had a Dillon v. Legg claim for witnessing his father's death.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Rohrer was liable for the accident because he crossed the double yellow line and drove on the wrong side of the road into the plaintiffs’ vehicle.

DEFENDANT’S CONTENTIONS:
The defendant contended that he was not negligent in causing the accident because a sudden illness caused Rohrer to cross the double yellow line.

Injuries

John M. Spencer suffered a torn labrum and nerve damage to his left shoulder, which required surgery. Patricia Spencer suffered multiple orthopedic fractures to her left leg and right hand, which required six separate surgical procedures. Patricia has extensive scarring to her left leg from the thigh to the knee, she does not have a strong grip in her right hand, her thumb has no flexibility, she cannot fully extend her left leg and she now walks with a limp. John W. Spencer died as a result of the injuries he sustained, including a crush injury of the chest with numerous bilateral rib fractures, fracture of sternum, bilateral hemothorax and lacerations of spleen with hemoperitoneum. John, Mark, Susan, Mary and Brian all had wrongful death claims.

Result

The case settled globally for $1.75 million for all the plaintiffs.