$7.5 million jury verdict for motorcycle injury. San Diego County.

Summary

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.

The Case

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: Friday, December 16, 2011
Type of Case: 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

The Result

Gross Verdict or Award: $7,553,117
Net Verdict or Award: $7,553,117
Economic Damages:
$53,117
Non-Economic Damages:
$7,500,000

The Attorneys

Attorney for the Plaintiff:
Carpenter, Zuckerman & Rowley, LLP by Nicholas C. Rowley, Beverly Hills
Law Offices of Courtney E. Yoder, PC by Courtney E. Yoder, Santa Cruz
Law Offices of Howard A. Kitay by Howard A. Kitay, El Cajon
Law 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