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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
11/8/1990 |
Type of Case: |
Personal Injury
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Allegation(s): |
Motor Home Accident / Laminectomy
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Result: |
$150,000/$550,000 |
Case Name: |
Caldwell/Magistro v. Blue Chip Motor Homes,
James Sinks
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Facts: |
On April 24, 1986, defendant James Sinks rented a Pace Aero Motor Home from Blue Chip Motor Homes. He rented the motorhome for a trip to Mexico with Donna Magistro, LaVonne Caldwell and Chuck and Lynn Sinks. The defendant had never driven a motorhome before, but planned to tow a 16-foot catamaran. He received information from Blue Chip before taking it out later in the afternoon.
According to the testimony of Donna Magistro, defendant Sinks drank several beers during the hours it took to prepare for the trip.
According to Magistro and defendant Sinks himself, the only stable seat belt anyone was able to locate in the vehicle was for the driver. The group left at approximately 9:00 p.m. and headed eastbound on Interstate 8 in dry, clear conditions.
The plaintiffs testified that they (along with the other passengers) asked Sinks to slow down on multiple occasions. The plaintiffs felt that at several times Sinks did not have control of the vehicle. The plaintiffs also testified that Sinks had at least one more drink while on the road.
The parties made a stop in order to tack down something that had come loose. At this time, they all became aware of some strong winds. However, plaintiffs testified that Sinks continued to drive at what they considered an excessive rate of speed, a position disputed by the defendants.
As the motorhome headed down a steep grade, it was hit by a gust of wind. This caused Sinks to slam on the brakes and lock the wheels. The motorhome then went over to the right shoulder of the roadway, over a six-inch asphalt curb, and down a 110-foot embankment.
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| Injury/Injuries: |
Donna Magistro suffered a burst fracture at T-11 and underwent laminectomy at T-10/T-11. She sustained a reduction of interspinal fragments and decompression of the spinal cord and T-11 nerve root with placement of Harrington-Edwards rods for T-9 to L-1. She also suffers from residual back pain and discomfort. Her past medicals were $46,000; loss of income was $80,000; future loss of income of $600,000.
LaVonne Caldwell suffered a 20% compression fracture of L-1; a comminuted interarticular fracture of the anterior superior aspect of the calcaneous; an avulsion fracture of the right foot; partical avulsion; anterior cruciate ligament damage; and a chondral defect of the right knee with residual discomfort in her back and knee. Her past medicals were $37,000; Loss of income at $15,000.
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| Contentions: |
Plaintiffs contended that Blue Chip Motor Homes was liable for its failure to provide adequate access to seat belts for its passengers. The plaintiffs also contended Blue Chip did not provide adequate instruction or training in the operation of a motorhome to defendant Sinks.
Plaintiffs contended defendant Sinks was negligent for driving at an excessive rate of speed. They also contended he was intoxicated at the time the accident occurred. Sinks' blood alcohol level was .01%.
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| Special Notes: |
Donna Magistro
settled for $550,000 cash. LaVonne Caldwell
settled for $150,00 cash. Blue Chip Motor
Home had an aggregate $300,000 policy
which covered both Blue Chip and Defendant
Sinks. Blue Chip settled early, guaranteeing
a $300,000 recovery from James Sinks.
James Sinks' own auto insurance policy
paid the additional $400,000.
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