Jury verdict for over $500,000 in motorcycle crash; defense 998 offer was only $21,001 for back injury. Santa Clara County.

Summary

Defendant found 90% liable for hitting motorcycle in front of her after they both waited to make a left turn.

The Case

Case Name: Joe Egan v. Joy Bowen
Court and Case Number: Santa Clara Superior/109CV135244
Date of Verdict or Judgment: Thursday, January 19, 2012
Type of Action: Vehicles - Motorcycle
Judge or Arbitrator(s): Hon. Brian C. Walsh
Plaintiffs:
Joe Egan, 40, construction site trash hauler
Defendants:
Joy Bowen
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $573,330
Net Verdict or Award: $515,997
Contributory/Comparative Negligence: Jury found Joy Bowen 90% liable; 10% as to plaintiff.
Trial or Arbitration Time: 5 days
Jury Deliberation Time: 2 days
Jury Polls: 12-0 liability, 11-1 damages
Post Trial Motions & Post-Verdict Settlements: $657,500 (prejudgment interest/costs). All paid by State Farm as of this writing.

The Attorneys

Attorney for the Plaintiff:
Abronson Law Offices by Louis S. Abronson, Los Gatos
Attorney for the Defendant:
Philip M. Andersen & Associates by Michael R. Welch, Pleasanton

The Experts

Plaintiff’s Medical Experts:
Steven Graboff, M.D., orthopedic surgery, Huntington Beach
Carol R. Hyland, M.A., M.S., life care planning, Lafayette
Robert L. Murray, D.C., chiropractic, Sunnyvale
Defendant's Medical Experts:
Bruce McCormack, M.D., neurosurgery, San Francisco
Paul J. Mills, M.D., orthopedic surgery, Palo Alto

Facts and Background

Facts and Background:
Date of incident: March 8, 2007

Facts: Joe Egan was stopped in a left turn lane, waiting to make a left turn. When the light turned green, Joy Bowen struck him from behind with her sport utility vehicle. The motorcycle was propelled forward.Please show claims, contentions and all disputed matters under contentions rather than facts. Facts stated here should be only those in evidence.
Plaintiff's Contentions:
That defendant was negligent in moving forward when it was not safe to do so.
Defendant's Contentions:
That plaintiff was also negligent as he began to drive forward, then stopped abruptly.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff had pre-existing spinal degeneration and a prior accident, but had not suffered any symptoms prior to this accident. With this accident, he sustained a T12 fracture, lumbar disc bulges, sprains and strains. He was left with ongoing back pain as well as a decrease in mobility.

Demands and Offers

Plaintiff §998 Demand: $50,000
Plaintiff Final Demand before Trial: $791,000
Defendant §998 Offer: $21,001
Defendant Final Offer before Trial: $7,500

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Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.