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Codner v Wills

Motorcycle/ auto accident Ventura County Judge Vincent O'Neill DOA 10/1/05

Offer prior to trial: $328,000

Jury verdict: $3.15 million.

Total recovery for client, when one considers prior settlement: $3.65 million

Case name was Dan Codner, et al v. John Wills, In and Out Burger (INO)

Accident date was 10/1/05

Age and occupation of plaintiff: 48 years old; machinist for Proctor and Gamble

Location: Harbor Blvd. in City of Ventura, CA

Attorney for Wills: Lloyd Michaelson of the Law Offices of Lloyd Michaelson in Westlake Village, CA

Attorney for INO: John Mark Jennings of Shulman, Hodges and Bastian in Foothill Ranch, CA

Attorney for plaintiffs: Aimee E. Kirby of Kirby, Kirby and Kirby and Steven C. Kirby of Kirby, Kirby and Kirby, 2614 Artesia Blvd., Redondo Beach, CA, 90278. B. Robert Allard of Corsiglia, Mc Mahon and Allard, 96 North Third Street, Suite 620, San Jose, CA 95112; 408-289-1417,

Carrier for Wills: State Farm Insurance Company

Facts: Wills makes a left turn from a driveway at INO property and causes a collision with a motorcycle being driven by Mr. Codner, who had the right of way. The speed limit in the area was 35 mph. Three witnesses claim that the motorcycle was traveling at a speed of at least 55 mph. The police attribute fault entirely to Mr. Codner, who suffers significant injuries, including 1) traumatic brain injury, resulting in permanent hemi paresis 2) fractured pelvis, 3) fractured acetabulum and 4) partially severed femoral artery. Medical bills were $458k, of which $225k were paid. Wage loss was approximately $60k. Claim of future wage loss (approx. $600k) and medical care (appox. $150k) were vehemently contested by the defense. Claim against INO was that it was negligent in the management of its property, resulting in site distance compromise for left turning vehicles such as Wills. INO and plaintiffs enter into a confidential settlement as a result of a mediation conducted by Thomas Dillard, Esq. of Judicate West in Santa Ana in mid December in 2006.

Statutory offer by the State Farm, which never increased: $328k (global).

Statutory demand by plaintiffs: $500,000, which was made on several occasions (also global), including at the aforementioned mediation in December 2006. Trial before the Honorable Vincent O'Neill in Department 40 at Ventura County Superior Court from February 8 to March 6, 2007.

Experts for the plaintiffs: Dr. Barry Ludwig (neurologist), Joseph Yates (accident reconstruction), Dr. Jeffrey Ballard (orthopedic surgery), Katherine Graves (economist) and Joseph Esherick (internal medicine).

Experts for State Farm: Dr. Martin Levine of Encino (neurologist) and Dr. Jerald Litoff (orthopedic surgery).

Jury verdict: $3.1 million against Wills/ State Farm.

Allen v Bottomley 2-4-09

Jury Verdict: $1,851,521

This accident occurred in the San Jose area in April of 2007. A 14-wheeler truck was traveling south-bound on King Street after making a delivery in which the driver parked the truck in such a way that would cause him to walk around the truck to unload it, he then decided to make a U-turn that caused the accident...all because he didn't want to walk around his truck to unload it. Instead of continuing to the next street where he could have made a left turn at an arrow (SAFELY) he opted to attempt a U-turn in a commercial/residential area where there was not enough room to complete the turn. He ended up blocking all lanes of traffic.

A westbound car was now stuck behind the truck- was unable to see any traffic and also had to move out of the way for the truck to continue its attempt to make the u-turn. The driver of the semi-truck decides to waive the car on to make its turn and the driver of the car, even though she cannot see any oncoming traffic, follows the direction of the truck driver and pulls out into the street.

Our client is heading north bound on King, a 35 mph street. sees the truck blocking the lanes but even before he can adjust to that, the vehicle, waived on by the truck driver pulls out directly in his path...and the collision occurs with the car pulling out. There was no contact at all with the Defendant truck.

Mr. Allen suffered severe injuries including upper and lower fractures of his tibia and fibula, with rod insertions with screws in both upper and lower. His leg was actually shortened by the injuries and a pre-existing disk bulge was exacerbated by the accident. Mr. Allen is now faced with additional surgery in the future and a permanent limp from the accident. He had over $150,000 in medical bills with an approximation of $200,000 in future medical bills.

In the end it was determined that both municipal AND state codes were violated and that the driver did not follow company guide lines. It was interesting to note that the Defendants claimed that he had to make a u-turn there since there was no left turn arrow near by. We easily overcame that by showing a photo of the left turn arrow at the NEXT intersection and introducing testimony from the city that the arrow had been installed 9 years before this accident.

Prior to the trial, the Defendants offered us no money and finally at trial $100,000. Both offers were not even considered as reasonable. For some reason the Defendants felt (wrongly so) that they could use some type of prejudice against motorcycles to their advantage. They were wrong. In a nutshell, the jury found the truck driver/company 100% at fault and found all past and future medical bills to be reasonable. They also agreed with us on the severity of his injuries and compensated him fairly for negligence of the driver and company