Asphalt truck collides with plaintiff's car. Multiple fractures. $2 million. Santa Barbara County.

Summary

Liability is disputed when auto and asphalt truck collide, causing plaintiff's vehicle to hit a tree.

Case Name: Maryanne Knight v. Ramsey Asphalt Construction Corporation, Estate of Melvin E. Dworak III
Court and Case Number: Santa Barbara Superior Court / 1438227
Date of Verdict or Judgment: Tuesday, April 21, 2015
Type of Case: Vehicles - Truck vs. Auto
Judge or Arbitrator(s): Hon. Thomas P. Anderle
Plaintiffs:
Maryanne Knight, 48, IT manager.
Defendants:
Ramsey Asphalt Construction Corporation
Estate of Melvin E. Dworak III
Type of Result: Jury Verdict

Gross Verdict or Award: $2,000,000
Contributory/Comparative Negligence: 0% to plaintiff.
Economic Damages:
Past Economic: $328,720

Future Economic: $452,342
Non-Economic Damages:
Past Non-Economic: $609,469
Future Non-Economic: $609,469
Trial or Arbitration Time: 11 days.
Jury Deliberation Time: 2 days.
Jury Polls: 11-1 (negligence), 12-0 (causation), 10-2 (damages).
Post Trial Motions & Post-Verdict Settlements: Plaintiff will seek costs and prejudgment interest.

Attorney for the Plaintiff:
Pulverman & Pulverman LLP by Raymond J. Pulverman, Santa Barbara.

Law Offices of Jeffrey Young by Jeffrey S. Young, Santa Barbara.
Attorney for the Defendant:
Hager & Dowling by John V. Hager and Amber N. Hurley, Santa Barbara.

Plaintiff’s Medical Expert(s):
Anne Barnes, R.N., life care planning, Glendale.

John Deacon, M.D., wound care, Santa Barbara. (treating physician)

Graham Hurvitz, M.D., orthopedic surgery, Santa Barbara. (treating physician)

Steven Pearson, M.D., orthopedic surgery, Santa Barbara.

Paul Willis, M.D., neurology, Santa Barbara. (treating physician)
Defendant's Medical Expert(s):
William R. Gallivan, Jr., M.D., orthopedic surgery, Santa Barbara.

Matthew Harrison, M.D., orthopedic surgery,
Santa Barbara.
Plaintiff's Technical Expert(s):
John E. Nordstrand, economics, Santa Barbara.

Kurt Douglas Weiss, forensic engineering/accident reconstruction,
Santa Barbara.
Defendant's Technical Expert(s):
Christopher Gayner, accident reconstruction, Santa Barbara.

Facts and Background:
Plaintiff Maryanne Knight sued defendant Melvin E. Dworak, and his employer Ramsey Asphalt Construction Corp., in connection with an automobile collision that occurred on Oct. 4, 2011. Dworak died of unrelated causes before trial.
Plaintiff's Contentions:
Plaintiff contended she was traveling southbound on U.S. Highway 101, just south of the La Cumbre overcrossing, when a 2008 Ford F-550 being driven by defendant Dworak struck her 2003 Toyota. Plaintiff alleged that Dworak made an unsafe lane change, struck her car, and forced her off the freeway, through the guardrail and into a tree.
Defendant's Contentions:
Ramsey Asphalt admitted it was liable for any negligence of its employee, but claimed that Dworak was not negligent in the collision, and if he was, that both drivers were negligent. Also, defendant contended that the plaintiff made an unsafe lane change and was driving in excess of the speed limit for wet roadway conditions.

Ramsey Asphalt admitted that plaintiff sustained serious injuries, but disputed the claim she needed future knee and ankle
replacement surgery.

Physical Injuries claimed by Plaintiff:
Plaintiff claimed she sustained a fractured pelvis, sacrum, femur, tibia and fibula. Plaintiff underwent an open reduction and internal fixation of the tibial fractures with plates and screws, and an intramedullary rodding of her femur. It was contested that she will need future surgeries on her knee and ankle.

Plaintiff §998 Demand: $1,000,000
Defendant Final Offer before Trial: Defendants initially offered $500,000 before trial, and then offered $1,000,000.