Facts

On Aug. 23, 2003, Philip Wilbur, a 21-year-old mechanic, was driving eastbound on Kettleman Lane on his motorcycle in Lodi. Patrick Stockar was driving westbound on Kettleman Lane. Stockar was driving a pickup truck that was towing a 48-foot trailer, which carried a tractor. At the intersection with Beckman Road, Wilbur and Stockar collided when Stockar attempted to make a left turn across the eastbound side of Kettleman. Wilbur sued Stockar claiming negligence.

PLAINTIFF'S CONTENTIONS:
Wilbur claimed that he was driving the lawful speed limit when he collided with the passenger side of Stockar's truck. The impact caused him to slide under the truck. Wilbur further claimed that Stockar failed to react to the impact causing the trailer to roll over Wilbur and his motorcycle.

Wilbur's accident reconstruction expert testified that Wilbur had been initially traveling at approximately 42.5 mph and had slowed to 30 to 40 mph at the time of impact. A witness also testified that Wilbur was driving the speed limit. Stockar's own expert witness also testified that Stockar's trailer drove over the motorcycle.

Wilbur also claimed that Stockar admitted not seeing the motorcycle prior to beginning the turn or entering the lane.

DEFENDANT'S CONTENTIONS:
Stockar claimed that Wilbur caused the collision because he was speeding. Stockar claimed that his truck had turned far enough ahead of Wilbur so that Wilbur had ample time to come to a stop. Stockar argued that Wilbur fell under the trailer when he attempted to jump from the motorcycle and not by the force of the impact.

Stockar's expert witness testified that Wilbur was driving above the speed limit at either 60 mph or between 45 and 55 mph. Stockar also offered the testimony of an accident reconstruction expert who testified that Wilbur was driving initially driving 60 mph as he approached and had slowed to 20 to 30 mph at the time of impact.

Stockar claimed that he only saw Wilbur once he had already begun the turn. Stockar argued that Wilbur was not as injured as he claimed, offering photos of Wilbur pulled from the Internet, one of which showed him sitting on a jet ski.

Settlement Discussions

Wilbur offered to settle for Stockar's policy limit of $1,100,000; Stockar offered to settle for a waiver of costs.

Specials in Evidence

$706,651 $267,169 $128,321 - $250,000

Damages

Wilbur sought to recover between $6 and $9 million in general damages, based upon a 49-year life expectancy.

Injuries

Wilbur claimed that the accident caused his legs to shatter and wrap around his head, resulting in a cut to his femoral artery. He was airlifted to the hospital from the accident site where he remained for six weeks and underwent seven major and several minor surgeries. Wilbur claimed to require open reduction internal fixations and the installation of screws and rods, having suffered open compound fractures to femurs and tibia and an open plateau fracture to the right tibia. Wilbur later required removal of the rods and screws, insertion of plates, the application of Taylor Spatial Frames, reduction of the malunion of the left tibia, and neurolysis of the left peroneal nerve. Wilbur claimed his left tibia had multiple complications during the healing process, including a problematic separation, resulting in a MRSA infection and the need for an additional grafting surgery. Additionally, Wilbur claimed, his legs are now two different lengths. Wilbur required assistance to walk and it was undetermined if he would ever be able to walk without assistance. He also claimed to have suffered ischemia in the left leg, bilateral effusions to the left knee, osteomyelitis of the lower left and right tibiae, myoglobinuria, and thrombocytosis which required angiograms of the right and left knees. He further claimed to have suffered compartment syndrome in the left leg requiring fasciotomies of the calves and then closure of the fasciotomy sites. Wilbur also offered the testimony of a physiologist who stated that Wilbur would likely require ongoing treatment for the rest of his life, including additional surgeries ranging from hardware removal to knee replacement.

Result

The jury returned a unanimous verdict for Stockar.

Other Information

Wilbur filed a motion for a new trial.

Deliberation

three hours

Poll

12-0

Length

six weeks