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| Disposition:
(Settlement/Arbitration/Trial) |
Trial |
Date: |
9/5/1995 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Truck v. Motorcycle Accident -- Concussion,
Fractures |
Result: |
$529,000 jury verdict |
Case Name: |
Kirwan v. Jose Perez, Nick's Dairy Commodities,
et al. |
Facts: |
On October 26, 1993, at approximately 10:30 a.m., 26-year-old plaintiff, a Payless Drug Store manager, was driving his motorcycle southbound on Archibald Avenue approaching its intersection with Chandler Street in Riverside. At that time, Defendant Jose Perez was driving a truck within the course of his employment with Defendant Nick's Dairy Commodities, traveling westbound on Chandler Street, when he collided with plaintiff's motorcycle. There was a stop sign and flashing red light at the intersection for traffic traveling in defendant's direction, and a 55 mile-per-hour speed limit and flashing yellow light for traffic traveling in plaintiff's direction.
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| Injury/Injuries: |
Concussion with mild traumatic brain injury and memory impairment; skull and left elbow fractures; permanent disability in left arm, wrist and hand.
Past medicals: $24,529
Past lost earnings: $25,000
Future lost earnings: $182,000 to $218,000
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| Contentions: |
Plaintiff contended that defendant Perez was negligent in failing to see plaintiff approach the intersection and in failing to yield the right-of-way causing the collision.
Defendants contended that plaintiff was negligent in exceeding the speed limit and in failing to yield.
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| Special Notes: |
The verdict
was reduced by 16% for plaintiff's comparative
negligence. Judgment was entered in the
total amount of $499,024 including $54,000
in costs and interest awarded from the
date of the original statutory compromise
offer. Defendants' insurance carrier tendered
policy limits of $250,000 in partial satisfaction
of the judgment.
Defendants brought an insurance bad faith
case against their carrier for failure
to settle the case for the policy limits.
The monies recovered by the defendants
from the carrier was used to pay the balance
of the judgment.
Jury Poll: 12-0
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