1 1 of 10 DOCUMENTS Copyright 1991 Jury Verdicts Northwest Inc. BEVERLY MYERS AS PR OF ESTATE OF JEFFERSON T. MYERS, DECEASED v. KRISTO V. & SHARON V. KRISTEV, d/b/a SHAMROCK RESTAURANT & LOUNGE Case No. A Jury Trial Date: May 22, 1991 To May 30, 1991 Date of Publication: July, 1991 TOPIC: LOST CONTROL (SINGLE-VEHICLE ACCIDENT)/DRAM SHOP. DEATH. RESULT: PLAINTIFF VERDICT for $ 300,000 Less Contributory Negligence 50% $ 150,000 (less prior settlement of $ 25,000 with driver Moss) $ 125,000 Net. No new trial presently pending.) INJURY: Death at scene of accident. SPECIALS: None claimed. STATE: Oregon COUNTY: Multnomah TRIAL JUDGE: Hon. Robert W. Redding. PLAINTIFF ATTORNEY(S): Elden M. Rosenthal & Michael Greene of Rosenthal & Greene (Portland). DEFENDANT ATTORNEY(S): Richard J. Whittemore of Bullivant, Houser, Bailey, Pendergrass & Hoffman (Portland). SUMMARY: 5/24/88 - Plff decedent, male age 22, Navy seaman. Plff decedent and other sailors spent evening drinking at Def.'s lounge; eyewitness and forensic evidence that Michael Moss drank drinks at Def.'s lounge. Plff then got into car with Michael Moss, who drove into a tree at 85 m.p.h. Plff contended Moss was served while visibly intoxicated; Def. contended Moss was cut off before visibly intoxicated, had been warned not to drive and that Plff decedent had indicated he would drive. Moss' blood alcohol was.24%.
2 PLAINTIFF EXPERT(S): Julie Hinkley (Criminologist) Portland; Michael Hlastala Ph.D. (Physiologist, testified on effect of alcohol) Seattle WA. DEFENDANT EXPERT(S): William Brady MD (Pathologist, blood alcohol) Portland. OFFER: $ 40,000 before trial, $ 75,000 during trial. Def. asked jury for defense verdict. Hon. Kristena A. LaMar: No recommendation-$ 100,000. DEMAND: $ 125,000-$ 300,000. Plff asked jury for $ 1,150,000-$ 1,500,000 (including punitive damages.) TRIAL-TIME: 6-day trial 2 of 10 DOCUMENTS Copyright 1999 Jury Verdicts Northwest Inc. CYNTHIA CARROLL v. GRACE BURCAR & LINDA FEIST ON BEHALF OF MICAH FEIST, A MINOR Case No Trial Date: January 4, 1999 Date of Publication: April, 1999 TOPIC: INTERSECTION COLLISION. FRACTURED ARM & RIBS; HIP & FACIAL INJURIES. RESULT: PLAINTIFF VERDICT for $ 95,000. (Includes PIP. Jury found Feist 100% negligent; defense verdict as to Burcar. Cross-motions for summary judgment denied. First party UIM claims pending.) INJURY: Concussion; facial lacerations. Non-displaced fracture of right humerus; broken rib(s). Dislocated right hip. SPECIALS: Med. $ 28,000; Lost Wages $ 25,000 (disputed); Days in Hosp. - 6 days. STATE: Washington COUNTY: Pierce
3 TRIAL JUDGE: Hon. Bryan Cushcoff. PLAINTIFF ATTORNEY(S): Brian McCoy of Brian McCoy & Associates (Puyallup). DEFENDANT ATTORNEY(S): Michael Pfau of Gordon, Thomas, Honeywell for Def. Burcar; Thomas Klusmeyer of Richard Jensen & Associates for Def. Feist (both Tacoma). SUMMARY: 8/7/96 - Plff, female age 32, office manager/bookkeeper. Plff was a passenger in a car driven by a 15 1/2 -year-old family friend. While unlicensed, the driver had considerable experience driving his parents' and Plff's vehicles with their consent. Plff contended shortly before accident, Def. driver drank alcohol, but according to the trooper on the scene, he was unaffected by it. Plff's vehicle approached Pioneer Way East on SR 162 between Orting and Sumner where the speed limit drops from 50 to 35 m.p.h. Evidence at trial showed that Def. Feist was speeding between 60 and 70 m.p.h. when Def. Burcar pulled out from a stop sign on Pioneer Way into path of Plff's vehicle which hit Burcar's vehicle broadside. PLAINTIFF MEDICAL EXPERT(S): William Bulley MD (Orthopedist) Puyallup; Thomas Irish MD (Plastic Surgeon) Tacoma. PLAINTIFF EXPERT(S): Trooper Hefton (Affects of Alcohol); Trooper Fraker (Speed); Jay Syverson (Videographer) Seattle. DEFENDANT MEDICAL EXPERT(S): Kenneth Sawyer MD (Orthopedist) Bellevue; Stephen Clift MD (Plastic Surgeon) Federal Way. DEFENDANT EXPERT(S): Michael P. Hlastala Ph.D. (Toxicologist) Seattle; John O'Callaghan (Accident Reconstruction). INSURANCE: Allstate (Burcar); State Farm (Feist) OFFER: None from Burcar; $ 70,000 from Feist (almost limits) offered and accepted just before trial. Def. asked jury for defense verdict as against Burcar. Roseanne Buckner: no recommendation. DEMAND: $ 125,000 (combined liability limits). Plff asked jury for $ 240,000 plus. 3 of 10 DOCUMENTS <D IV CLASS="c0"> Copyright 1998 Jury Verdicts Northwest Inc.
4 EILEEN F. & DEAN BERRIMAN v. DAN WILLARD GLENN, ET UX Case No Trial Date: July 20, 1998 Date of Publication: November, 1998 TOPIC: PASSING ACCIDENT. NECK & BACK INJURIES. RESULT: PLAINTIFF VERDICT for $ 21, Less Contributory Negligence 40% $ 12, net. (Plff attorney states judgment notwithstanding the verdict will be requested on issue of contributory negligence.) INJURY: Cervical, thoracic and lumbar strain. SPECIALS: Med. $ 4,554.28; Lost Wages $ 5,998; Days Work Lost hours; Days in Hosp. - none. STATE: Washington COUNTY: Yakima TRIAL JUDGE: Hon. Michael W. Leavitt. PLAINTIFF ATTORNEY(S): Rodney K. Nelson of Abeyta-Nelson (Yakima). DEFENDANT ATTORNEY(S): Scott A. Bruns (Yakima). SUMMARY: 11/16/94 - Plff, female age 39, occupational therapist. Plff was traveling home along a country road. Plff contended she turned on her left turn signal to make a left turn into her driveway. Def. was following and attempted to pass. Def. contended Plff did not have a left turn signal on and made a left turn after he was in the passing lane. Plff contended Def. was still behind her when she started to turn. Def. hit Plff's vehicle knocking it into her driveway and into a ditch. Def, on his way home from work, had stopped at a tavern and consumed three light beers over the course of one hour. Issues at trial included question of whether Def.'s ability to drive was affected by the beers and whether Plff signalled and looked to see Def. in the passing lane. Trial de novo requested by Def. from arbitration award of $ 32,470 as reported in Washington Arbitration Reports, December 1996, page 706. PLAINTIFF MEDICAL EXPERT(S): William Cox DO (Family Practice); Stephen G. Litchfield DO (Family Practice) both Yakima.
5 PLAINTIFF EXPERT(S): Michael P. Hlastala Ph.D. (Toxicologist/Blood Alcohol Expert) Seattle. DEFENDANT MEDICAL EXPERT(S): Barbara G. Jessen MD (Neurologist) Yakima. INSURANCE: Allstate OFFER: $ 12,000. Def. asked jury for no specific figure. No settlement conference. DEMAND: Arbitration award of $ 32,470-$ 40,000. Plff asked jury for $ 68,000. TRIAL-TIME: 5-day trial 4 of 10 DOCUMENTS Copyright 1991 Jury Verdicts Northwest Inc. ERNIE TOBECK v. ORLANDO DeLATORRE & ASSOCIATED GROCERS, INC. Case No Jury Trial Date: July 24, 1991 Date of Publication: September, 1991 TOPIC: FAILURE TO YIELD RIGHT-OF-WAY (MOTORCYCLE/TRUCK). FRACTURED KNEE; KNEE INJURY. RESULT: PLAINTIFF VERDICT for $ 130,000 Less Contributory Negligence 50% $ 65,000 Net. (No new trial presently pending.) INJURY: Torn medial meniscus and fracture of tibial plateau of right knee resulting in two arthroscopic procedures. SPECIALS: Med. $ 14,317.73; Lost Wages - Unknown; Days in Hosp. - 3 days. STATE: Washington
6 COUNTY: Thurston TRIAL JUDGE: Hon. Thomas McPhee. PLAINTIFF ATTORNEY(S): Thomas L. Meyer of Meyer Law Office (Olympia). DEFENDANT ATTORNEY(S): Joseph A. Just of Williams, Kastner & Gibbs (Tacoma). SUMMARY: 12/8/88 - Plff, male age 37, laborer. At 12:05 a.m. Plff was driving motorcycle northbound on Black Lake Blvd. when he contended he collided with truck making right turn onto Black Lake Blvd. from Highway 101. Plff had green light; Def. had red light and fixed green arrow. Def. contended analysis of Plff's blood showed blood alcohol content of 0.19; that accident was caused by Plff's intoxication. Plff contended accident was caused by truck driver's failure to yield right-of-way. PLAINTIFF MEDICAL EXPERT(S): Larry Hull MD (Orthopedist) Centralia. PLAINTIFF EXPERT(S): Bill Fiala (Accident Reconstruction) Tacoma. DEFENDANT EXPERT(S): Ed Wells (Accident Reconstruction) Olympia; Michael Hlastala Ph.D. (Toxicologist, effects of alcohol on perception and mechanical abilities) Seattle. DEMAND: None. Plff asked jury for $ 150,000. TRIAL-TIME: 3-day trial 5 of 10 DOCUMENTS Copyright 2005 Jury Verdicts Northwest Inc. JOSHUA HARVEY, AN INDIVIDUAL AND SALLYANNE HENDREN, AN INDIVIDUAL V. JOSZEF MIKLAI AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ENIKO TOROK, DECEASED AND TYROL RESTAURANT, LLC Case No SEA Settlement Date: December 6, 2004 Date of Publication: May, 2005
7 TOPIC: HEAD-ON COLLISION; DRAM SHOP; LEG, ANKLE, ARM, FOOT & FACIAL FRACTURES; DENTAL & EYE INJURIES; LACERATIONS (KNEE & FACE). RESULT: PLAINTIFF SETTLEMENT for $ 1,680,000. (The settlement included $ 1,225,000 for Plff Harvey [$ 900,000 Def. Tyrol, $ 50,000 Def. Torok, $ 250,000 Pemco UIM and $ 25,000 Pemco PIP wavier] and $ 455,000 for Plff Hendren [$ 100,000 Def. Tyrol, $ 50,000 Def. Torok, $ 250,000 Pemco UIM, $ 25,000 Pemco PIP, $ 25,000 Geico UIM and $ 5,000 Geico PIP]. Pemco received some minimal "payback" from the dram shop settlement funds for the UIM funds previously paid.). INJURY: Plff Harvey: open, displaced fracture of the right femur requiring open reduction/internal fixation (ORIF); right knee lacerations requiring irrigation, debridement and sutures. Displa ced fracture of left femur; right Hawkins I fracture of the right talus (ankle) requiring ORIF. Right LisFranc fracture; open left tibia fracture requiring ORIF and skin grafting to close open wound. Fractures of the right and left mandible requiring surgical wires; through-and-through laceration of lower lip; gum and jaw lacerations requiring suturing. Bilateral TMJ subluxations; right knee instability. Subluxation of first metatarsal joint and fracture of second metatarsal. Traumatic avulsion of left great toenail. Traumatic avulsion of teeth No and 24 with bone loss and need for future implants/procedures. Plff will also require bilateral total knee replacements in the future. Plff Hendren: facial fractures of left orbital area requiring ORIF/surgical repair with residuals; fracture of left great toe. Severe soft tissue damage to left foot with residuals; right ulnar fracture. Eye injury; enophthalmos. SPECIALS: Plff Harvey: Med. $ 180,000 (past), $ 100,000+ (future), Plff Hendren: Med. $ 30,000 (past), $ 20,000 (future); Lost Wages $ 350,000-$ 500,000 approx. Plff Harvey; Days Work Lost - Plff Harvey has not worked since the accident; Days in Hosp - 18 days plus one (1) month in skilled nursing facility for Plff Harvey. STATE: Washington COUNTY: King PLAINTIFF ATTORNEY(S): Bradford Fulton of Carter & Fulton (Everett), John Allison of Eymann Allison Fennessy Hunter Jones (Spokane) & George Allen (Seattle) for Plff Harvey; Kevin Coluccio of Stritmatter Kessler Whelan Withey Coluccio (Seattle) for Plff Hendren. DEFENDANT ATTORNEY(S): Robert Swerk of Keolker & Swerk (Seattle) for Def. Miklai; Lee Corkrum of Ogden Murphy Wallace (Seattle) for Def. Tyrol Restaurant. SUMMARY: 10/20/01 - Plff Harvey, male age 27. Plff Hendren, female age 25. Plffs were driving on SR 900 in Issaquah, Washington when their vehicle was struck head-on by Def. Torok, an intoxicated motorist. Def. Torok was an employee of Def. Tyrol Restaurant which is located at 85th and 5th Avenue NE at the north end of Seattle, Washington. Def. Torok worked and then attended a Hungarian party at Def. Tyrol Restaurant the evening of the accident.
8 Discovery ultimately revealed that Def. Tyrol's manager, Karoy Rideg, and most of the Def. restaurant's employees working at the party were drinking on the job in violation of Washington State liquor laws. Many of Def. Tyrol's employees, including Def. Torok, drank straight shots of Jagermeister. According to one (1) witness, Def. Torok drank 6-7 shots while working. According to witnesses, after getting off work at approximately 8:30 p.m., Def. Torok joined the party and continued to drink both additional Jagermeister as well as coca-cola mixed with wine. Def. Torok left the bar at the Def. restaurant at approximately 10:45 p.m. after getting into an altercation with her married boyfriend, Def. Miklai. Witnesses described Def. Torok as staggering, slurring her words and having difficulty walking in the hour prior to leaving the Def. restaurant. Def. Torok struck a car in Def. Tyrol's parking lot while leaving. A 14-minute 911 call by a concerned motorist described erratic driving on I-90 and off of the Front Street exit right up to the time Def. Torok crossed the centerline and hit Plffs' vehicle head-on. Def. Torok died in the crash; her BAC was.22. Def. Tyrol denied any liability, denied Def. Torok was intoxicated, contended that Def. Torok had nothing to drink at the Def. restaurant and that she left the premises shortly after getting off work, never to return. After Def. Torok's death, a meeting was held at Def. Tyrol by restaurant manager Rideg and Def. Miklai (who never worked at the Def. restaurant) at which it was insinuated that employees should say nothing about what occurred on the evening of the accident. PLAINTIFF MEDICAL EXPERT(S): Gary Berner DDS (Dentist) Oak Harbor; Richard Williamson MD (Orthopedist) Mt. Vernon; Timothy Forslund MD (Psychiatrist) Seattle; Joel Gardner DMD (Dentist) Oak Harbor; Frederick Wicknick DMD (Dentist) Bellingham, for Plff Harvey; Richard Hopper MD (Plastic Surgeon) Seattle; Bryan Sires MD (Ophthalmologist) Seattle; Michael Whelan MD (Plastic Surgeon) Lynnwood, for Plff Hendren; Richard Seroussi MD (Physiatrist) Seattle. PLAINTIFF EXPERT(S): Anne McCall MSW (Psychologist) Seattle; Theodore Becker (Physical Capacities) Everett; John Fountaine CRC (Vocational Rehabilitation) Bothell; Robert Moss (Economist) Seattle; Denny Rutherford (Hotel/Restaurant/Liquor Establishments) Spokane; Michael Hlastala Ph.D. (Alcohol Expert) Seattle; Beryl Gorbman (Investigator) Seattle; Gary Ciani (Investigator) FL. DEFENDANT MEDICAL EXPERT(S): Jacqueline Weiss MD (Neurologist) Lake Forest Park; Kent Saltonstall MD (Orthopedist) Woodway; Mark David Carlson DDS (Dentist) Mountlake Terrace; Darlene Chan DDS (Dentist) Mountlake Terrace, for Def. Tyrol; Bradley Billington MD (Orthopedist) Bellevue; Lawrence Murphy MD (Neurologist) Seattle, for Def. Miklai. DEFENDANT EXPERT(S): William Partin (Economist) Bellevue; John Berg CRC (Vocational Rehabilitation) Seattle; William Burkhart Ph.D. (Neuropsychologist) Seattle; Karen Tobie RN (Life Care Planner) Redmond; John Hamm Ph.D. (Psychologist) Seattle, for Def. Tyrol. INSURANCE: Progressive (Def. Torok-auto); Travelers (Def. Tyrol-liquor liability); Geico (Plff Hendren UIM); Pemco (Plff Harvey UIM) OFFER: $ 250,000 UIM policy limits to both Plff Harvey and Plff Hendren with $ 25,000 PIP to each Plff (Pemco), $ 25,000 UIM policy limits to Plff Hendren
9 with PIP payments for remaining bills (Geico), Progressive paid/offered to pay $ 50,000/$ 100,000 policy limits on behalf of the estate of Def. Torok. No negotiations with Travelers; firm policy limits demand made. DEMAND: Payment of all applicable limits including $ 1,000,000 liquor liability policy (Def. Tyrol), $ 50,000/$ 100,000 auto (Def. Torok), $ 250,000/$ 500,000 Pemco (Plff Harvey UIM), $ 25,000 (Plff Hendren UIM) and complete PIP waivers ($ 25,000 Pemco, $ 10,000 Geico). 6 of 10 DOCUMENTS Copyright 1994 Jury Verdicts Northwest Inc. LARRY W. RICHARDSON v. UNITED STATES OF AMERICA Case No. CY AAM Trial Date: September 21, 1993 Date of Publication: February, 1994 TOPIC: FAILURE TO YIELD RIGHT-OF-WAY. FRACTURED NOSE; INTERNAL INJURIES; LACERATIONS (FACIAL); SCAR. RESULT: PLAINTIFF VERDICT for $ 135, Less Contributory Negligence 50% $ 67, Net. (No new trial presently pending.) INJURY: Facial lacerations; permanent scarring. Intra-abdominal bleeding of enteric artery and intra-abdominal hematoma. Open fracture of nasal bone. Emergency surgical repairs of facial lacerations; emergency laparotomy. Subsequent additional scar revision surgery; one/two scar revision surgeries may be necessary. Internal injuries resolved with no functional impairment. SPECIALS: Med. $ 39,302 past, $ 15,000 future; Lost Wages $ 7,819 past, $ 2,718 future; Days Work Lost - 11 wks.; Days in Hosp days. STATE: Washington COURT: U.S. DISTRICT COURT TRIAL JUDGE: Hon. James B. Hovis, Magistrate. PLAINTIFF ATTORNEY(S): Terry P. Abeyta of Abeyta-Nelson (Yakima).
10 DEFENDANT ATTORNEY(S): Robert S. Linnell, Assistant U.S. Attorney (Yakima). SUMMARY: 6/8/91 - Plff, male age 42, truck driver. Plff was northbound on Desmond Way, west of Ellensburg; Def. was driving National Guard Truck pulling a trai ler. Def. was one of approximately 20 to 25 military vehicles in a convoy travelling from Fort Lewis to the Yakima Training Center. Plff contended Def. was attempting to exit a private driveway to a truck stop when Def. pulled out in front of Plff to turn left and Plff broadsided Def.'s truck. Plff contended Def. was inattentive and failed to yield right-of-way. Def. contended Plff was intoxicated, speeding, and had ample time to stop without collision occurring. Def. contended Plff had been drinking near Yakima and had blood alcohol level of.135 percent. Def. further contended that Plff was barred from recovery under RCW because he was intoxicated and his intoxication was more than 50 percent of cause of collision. Plff left skid marks of approx. 20 feet prior to impact. PLAINTIFF MEDICAL EXPERT(S): K.F. Aboulhosn MD (Plastic Surgeon); Barry D. Bernfeld MD (General Surgeon) both Yakima. PLAINTIFF EXPERT(S): Larry J. Stadler (Accident Reconstruction) Yakima. DEFENDANT EXPERT(S): Michael P. Hlastala Ph.D. (Toxicologist) Seattle; Ralph E. Duncan P.E. (Accident Reconstruction) Olympia. OFFER: $ 27,000 at settlement conference. Def. asked judge for defense verdict. Hon. Cynthia L. Imbrogno, Magistrate: No recommendation. DEMAND: $ 270,000. TRIAL-TIME: 3-day trial 7 of 10 DOCUMENTS Copyright 1994 Jury Verdicts Northwest Inc. MARIANNE RINKS, IND. & AS PR OF ESTATE OF RILEY RINKS v. BERNARD BEARSS; PERSON & PERSON, INC. d/b/a PERSON LANES; KEITH UDDENBERG, INC. d/b/a STOCKMARKET FOODS; LISA GRABER (SETTLED AT TRIAL); AMANDA GRABER (SETTLED AT TRIAL); VIRGINIA SLAUGHTER (SETTLED AT TRIAL); RAY COVERT; RUSTY POWELL & CHRIS WHITE Case No Jury Trial Date: June 27, 1994
11 Date of Publication: October, 1994 TOPIC: DEATH; FRACTURED LEGS. RESULT: PLAINTIFF VERDICT for $ 4,500,000 Plff Marianne; $ 1,000,000 Estate of Riley Rinks. (New trial pending.) INJURY: Both Plffs: bilateral fractures of all leg bones (femurs, tibias & fibulas) from pickup entering the occupant's compartment of van, crushing Plffs' legs. Plff Riley: amputation of one leg; died later that day. Plff Marianne: multiple surgeries to legs; walks with cane. Future multiple surgeries. SPECIALS: Med. $ 173, past, $ 150,000 future Plff Marianne, $ 24, past medicals and funeral expenses Plff Riley; Lost Wages $ 37,450; Days Work Lost - Not worked since accident; Days in Hosp. 2/18/91 to 3/27/91, several repeat operations. STATE: Washington COUNTY: King TRIAL JUDGE: Hon. Michael J. Fox. PLAINTIFF ATTORNEY(S): Tom Chambers & Robert Anderton of Tom Chambers & Associates; E. Kenneth Snyder (all Seattle); Gail L. Weber (Bothell). DEFENDANT ATTORNEY(S): Andrew Gauen & Andrew Carrington of Merrick Hofstedt & Lindsey for Def. Stockmarket; Gregory D. Fuller; David Ribble of Williams Kastner & Gibbs for Def. Person Lanes (all Seattle); Klaus Snyder for Def. Powell (Sumner). SUMMARY: 2/18/91 - Plff decedent, male age 63, retired minister; Plff wife, female age 44, antique salesperson. Def. Bearss, 20 years of age, started drinking at Def. Person Lanes, a bowling alley, with his 18-year-old friend, Def. Chris White. The two minors were served two to three pitchers of beer between approximately 6:00 p.m. and 8:00 p.m. Plff contended they were not checked for identification. After that time, they met with some friends and continued to party. Around midnight, Bearss and another minor friend, Def. Rusty Powell, went to locate more beer and enlisted the help of an older-looking minor, Def. Ray Covert. Mr. Covert was approximately one month from his 21st birthday. Def. Covert purchased two half racks of beer at Def. Stockmarket Foods in Bonney Lake; he was not asked for identification. Eventually Def. Bearss ended up sleeping in his truck and awoke at approximately 8:00 a.m. on 2/18/91. He found the keys to his pickup truck under his seat and began driving home and eventually crossed the centerline running head-on into a Volkswagen van operated by Plff Marianne Rinks in which her husband was a passenger.
12 PLAINTIFF MEDICAL EXPERT(S): Sigvard Hansen MD (Orthopedist) Seattle; Karl Singer MD (Orthopedist) Auburn; Andrew Willner MD (General Practice) Enumclaw. PLAINTIFF EXPERT(S): Catherine Mateer Ph.D. (Neuropsychologist) Puyallup; Michael Hlastala Ph.D. (Blood Alcohol Expert); Eugene Silberberg Ph.D. (Economist); Heather Oesting RN (Life Care Plan) all Seattle; Anthony Choppa (Vocational Rehabilitation) Bothell; Trooper John Hunter (Accident Reconstruction) Woodinville. DEFENDANT MEDICAL EXPERT(S): James Raney MD (Psychiatrist) Seattle. DEFENDANT EXPERT(S): Paul Lees-Haley Ph.D. (Psychologist) Los Angeles CA; Stan Owings (Vocational Rehabilitation); David Predmore (Toxicologist); James Smith MD (Alcoholism) all Seattle; Harry Smith MD (Accident Reconstruction/Blood Alcohol) San Antonio TX; David Knowles Ph.D. (Economist) Edmonds. OFFER: $ 700,000 at mediation, increased to $ 1,100,000 prior to trial. Defs. asked jury for $ 850,000 to $ 1,100,000. Defs. Lisa and Amanda Graber and Virginia Slaughter settled after Plffs' case and after they were denied a motion for directed verdict for $ 300,000. Def. Stockmarket increased its offer to $ 500,000 during closing argument and again to $ 750,000 after case went to jury. Mediator Robert Israel: no recommendation. DEMAND: $ 4,600,000. Plff asked jury for $ 8,000,000. TRIAL-TIME: 6 1/2 -week trial 8 of 10 DOCUMENTS Copyright 1993 Jury Verdicts Northwest Inc. ROCKNE D. BLAIR v. WILSON MACHINE WORKS, ET AL Case No Mediation Date: February 2, 1993 Date of Publication: April, 1993 TOPIC: ;PARALYSIS. RESULT: SETTLEMENT for $ 1,300,000. (Insurance limits.) OR
13 INJURY: Removal of spleen and 1 kidney; surgical repair of aorta and liver. Numerous broken bones; closed head injury. Learning, speech, and judgment deficits; temporary right-sided hemiparesis complicated by cytomegalovirus infection. Progressive paralysis; permanent right-sided weakness. SPECIALS: Med. $ 300,000 plus; Lost Wages $ 30,000 plus; Days Work Lost - 1 year; Days in Hosp months. STATE: Washington COUNTY: King PLAINTIFF ATTORNEY(S): James M. Brown of Phillips, Krause & Brown (Aberdeen). DEFENDANT ATTORNEY(S): R. Scott Fallon of Fallon & McKinley; Steven Robinson of Karr Tuttle Campbell (both Seattle). SUMMARY: 11/2/90 - Plff, male age 28, painter/utility worker. Plff was a pedestrian crossing Elliott Avenue among backed-up vehicles. Plff contended after he reached two-way left turn lane he stopped waiting for traffic to clear and a few seconds later, Def. driver, operating a friend's truck, struck Plff at approximately 30 m.p.h. causing extensive injuries. Plff further contended Def. driver's blood alcohol was.11 two hours after incident. PLAINTIFF MEDICAL EXPERT(S): Paul B. Nutter MD (Physical/Rehabilitative Medicine); Gregory Malloy MD (Physical/Rehabilitative Medicine-UW); Barbara J. delateur MD (Physical/Rehabilitative Medicine) all Seattle. PLAINTIFF EXPERT(S): Catherine A. Mateer Ph.D. (Neuropsychologist) Puyallup; Stanley Owings (Vocational Rehabilitation Counselor); Michael Hlastala Ph.D. (Physiology/Alcohol Expert) both Seattle; Richard L. Cook (Accident Reconstruction) Kent; Edward M. Stevens (Highway Design Engineer/Byrne-Stevens & Associates) Olympia. DEFENDANT EXPERT(S): Stephen L. Coons (Accident Reconstruction) Seattle; Robert Broshears (Accident Reconstruction) Bremerton Mediator: John W.S. Acheson III. DEMAND: $ 1,000,000 policy limits (Safeco); $ 300,000 other companies. State Farm and Farmers offered their $ 300,000 limits at time of Plff's first demand. Safeco stated case defensible, offered nothing. After discovery/depositions of nearly all witnesses, Safeco requested mediation. In its mediation materials Safeco again contended no liability, however, after a full day of mediation Safeco agreed to pay entire policy limits and cost of mediation. 9 of 10 DOCUMENTS
14 Copyright 1999 Jury Verdicts Northwest Inc. STEPHANIE & AMBER GILLIHAN v. LISA M. GILLIHAN & DELANEY'S BAR & GRILL Case No. not filed Settlement Date: July, 1998 (PEMCO); July 15, 1999 (CNA) Date of Publication: September, 1999 TOPIC: LOST CONTROL - DRAM SHOP. DEATH RESULT: SETTLEMENT for $ 210,000. (Settlement included $ 150,000 from PEMCO, Lisa Gillihan's carrier; $ 60,000 from Delaney's carrier $ (dram shop$ )). INJURY: Death; daughters' individual claims made more challenging by long-term difficulties between daughters and parents. SPECIALS: None claimed; Lost Wages - none claimed. STATE: Washington COUNTY: Clallam PLAINTIFF ATTORNEY(S): Bradford J. Fulton of Fulton & Tuttle (Seattle). DEFENDANT ATTORNEY(S): adjusters only. SUMMARY: 3/7/97 - Plff decedent, male age 42. Plff Amber age 19; Plff Gillihan age 24. Lisa and Wayne Gillihan, Plffs' parents, went to Def. Delaney's Bar in Port Angeles, Washington, at approximately 10:00 a.m. to have "a few drinks." Lisa Gillihan was employed as a bartender at Delaney's, and she and her husband were regulars at the establishment. Plffs contended that at 5:00 p.m., Lisa Gillihan called her daughter, Plff Amber, from Delaney's and requested a ride home due to her and her husband's intoxication. Amber arrived at Delaney's but her obviously intoxicated parents were not ready to leave. After eating, Amber told her parents she would return to pick them up at 11:00 p.m. On her way out of the bar, she instructed the bartender not to let her parents drive due to their intoxicated state. At 10:45 p.m., minutes before Amber was to pick them up, Lisa and Wayne Gillihan were allowed to leave the establishment on their own, despite having been drinking for approximately 13 hours. While driving west on SR 101 outside Port Angeles, Lisa Gillihan (.17 blood alcohol) lost control of the Gillihan van, crossed the centerline, and struck an embankment. Wayne Gillihan was killed; Lisa seriously injured. Amber came upon the accident scene on her way back to Delaney's to pick up her
15 parents. Amber and Stephanie brought individual claims against their mother, as well as against Delaney's under dram shop principles. Plff's expert, Hlastala, calculated that Lisa Gillihan had consumed the equivalent of ounce beers on the day/ evening in question, and that she would have showed obvious signs of intoxication. PLAINTIFF EXPERT(S): Michael Hlastala Ph.D. (Alcohol/Intoxication) Seattle. DEMAND: $ 200,000 policy limits from PEMCO; $ 300,000 from Delaney's (CNA). 10 of 10 DOCUMENTS Copyright 2005 LexisNexis, Division of Reed Elsevier Inc. LexisNexis Jury Verdicts and Settlement Report Case Name: Shannon R. Parnell v. Peak Oilfield Service Company, Peak Alaska Ventures Inc., Nabors Alaska Services Corporation Case Number: 3kn CI Court: Alaska Super., 3rd Jud. Judge: Charles T. Hugulet Verdict/Settlement (breakdown): Defense verdict Plaintiff(s): Shannon R. Parnell Defendant(s): Peak Oilfield Service Co., Peak Alaska Ventures Inc., Nabors Alaska Services Corp. Date: June 28, 2005 Shannon Parnell was a passenger in a truck the hit a moose lying in the center of an Alaskan road. The impact caused the truck to leave the road and roll over into a ditch. Parnell wasn't wearing her seat belt at the time of the accident and was rendered a quadriplegic from injuries she sustained in the crash. The driver, Shawn Moore, and Parnell had spent the seven hours before the crash at a local bar. Parnell sue Peak Oilfield Co. for vicarious liability, claiming that one of its employees hit the moose on his way to work and therefore owed other motorists a duty of care for failing to take action to remove the moose carcass. A witness for Peak said that she saw the moose wandering in the middle of the road and that it was hit by a car traveling in the opposite direction of the Peak truck.
16 The judge barred the defense from telling the jury that Moore pleaded no contest to a drunken driving charge related to the accident. Claim: Auto accident Defense: The Peak employee created no hazard, and the company owed no duty of care to other motorists. < DIV CLASS="c5"> Plaintiff Experts: Francis Gallela, economics, Anchorage, Alaska; Francine Pulver, M.D., primary care, Anchorage; Michael Hlastala, alcohol and drugs, Edmonds, Wash.; Charles Lewis, accident reconstruction, Issaquach, Wash.; Helen Woodward, vocational rehabilitation, Lakewood, Colo.; Arthur Ginsburg, Ph.D., personal vision, San Ramon, Calif. Defense Experts: Carol Jacobsen, vocation rehabilitation, Anchorage, Alaska; Michael Ditallo, accident reconstruction, Chicago; Scott Krenrich, M.D., injury biomechanics, San Antonio; John Finch, Ph.D., economics, Seattle Plaintiff Attorneys: Michael W. Flanigan, Walther & Flanigan, Anchorage, Alaska; William G. Azar, Anchorage Defense Attorneys: Gary Zipkin, Michelle Higuchi, Guess & Rudd, Anchorage, Alaska. Contact Mealey's at MEALEYS and see today's headlines at To see if there is a Mealey's conference on this topic or an online CLE session, please visit: LOAD-DATE: 9/15/2005
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