$7.5 million jury verdict for motorcycle injury. San Diego County.
Motorcycle rider rounded a curve and a shuttle driver made a left turn into his path. The result was penile injury to the plaintiff that affected his sex life. Defense made no offer. Jury awarded large non-economic damages.
- Case Name: Matthew Wall v. Pedro Flores Miramontes; Group 1 Automotive Inc; Rancho Auto Group
- Court and Case Number: San Diego Superior/ 37-2009-00068436-CU-PA-EC
- Date of Verdict or Judgment: Thursday, December 15, 2011
- Type of Action: Vehicles - Motorcycle
- Judge or Arbitrator(s): Hon. Jay M. Bloom
- Plaintiffs: Matthew Wall, 27, noncommissioned officer in the Navy
- Defendants: Pedro Flores Miramontes, auto driver; Ranch Auto Group and Group 1 Automotive Inc., owners of dealership employing Miramontes.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $7,553,117
- Net Verdict or Award: $7,553,117
- Economic Damages:
- Non-Economic Damages:
- Attorney for the Plaintiff: Carpenter, Zuckerman & Rowley, LLP by Nicholas C. Rowley, Beverly HillsLaw Offices of Courtney E. Yoder, PC by Courtney E. Yoder, Santa CruzLaw Offices of Howard A. Kitay by Howard A. Kitay, El CajonLaw Offices of Kimberly K. Barrows by Kimberly K. Barrows, El Cajon
- Attorney for the Defendant: Wilson, Elser, Moskowitz, Edelman & Dicker, LLP by Stanley A. Calvert, San Diego
Facts and Background
- Facts and Background:
On August 30, 2007 Plaintiff drove around a curve in San Diego on his Harley Davidson. Defendant driver was driving a shuttle and made a left turn directly into plaintiff’s path.
- Plaintiff's Contentions:
Defendant was negligent in driving. His employers were vicariously liable for his actions.
- Defendant's Contentions:
Plaintiff was speeding and not paying attention. Plaintiff should be held 100% at fault.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Plaintiff suffered a fractured pubic ramus bone and a crushing injury to his penis which resulted in artery and nerve damage. Surgical repair to his penis was done and deemed successful, but plaintiff claimed that the surgery ended up shortening his penis.
Demands and Offers
- Plaintiff §998 Demand: $999,999
- Defendant §998 Offer: $0