ARTICLE ID 181994
$________ - MOTOR VEHICLE NEGLIGENCE - SINGLE VEHICLE COLLISION - SAND RAIL/DUNE BUGGY ROLLS OVER AND PLAINTIFF PASSENGERS EJECT FROM VEHICLE - HEAD TRAUMA, BROKEN BONES, SPINAL INJURY.
La Paz
In this motor vehicle negligence action, the plaintiffs
alleged that the defendants were negligent in the operation of a
sand rail/dune buggy in which each of the plaintiffs was a
passenger. As a result, the plaintiffs were ejected from the
vehicle sustaining life altering injuries. The defendants argued
comparative negligence.
This litigation arose out of a rollover accident that occurred on
May 18, ________. The plaintiffs, Derek H., Robert E., Chrisa E. and
Marinda H., were riding as passengers in a SPCON Sand Rail owned
by the defendant Tim M. and being driven by the defendant Brian
M. According to the plaintiffs, while driving the vehicle in
excess of 45 miles per hour, the defendant driver veered onto an
unpaved road and lost control of the vehicle. The vehicle then
struck a manhole; catapulting the vehicle into a nearby light
pole and chain link fence.
Due to the impact, all of the unbelted passengers were ejected
from the buggy and sustained severe injuries. The belted
passengers sustained far less severe injury. Overall, injuries
included trauma to the head and various bone fractures including
neck and spine injury requiring fusion surgery. The most severe
of the injuries was that suffered by the plaintiff, Robert E.,
who sustained traumatic brain injury resulting in moderate to
severe cognitive-linguistic impairment, difficulties with
episodic and semantic memory, and mood disorder.
After the impact, witnesses testified that the defendant driver
intended to flee the scene, but ultimately remained. Police later
questioned the defendant driver as to whether he had been
consuming alcohol. Although the defendant driver denied that he
was under the influence of alcohol at the time of the accident,
he later submitted to a breath test which revealed a reading
of.________ breath alcohol content. In addition, the defendant driver
failed a battery of Field Sobriety Tests and subsequent blood
tests determined his blood alcohol level to be over twice the
legal limit.
As a result, the plaintiffs filed this lawsuit contending that
the defendant driver was negligent in his operation of the
vehicle insofar as he should not have left the paved road. In
addition, the plaintiffs argued that it was the drivers
responsibility to ensure that his passengers were properly belted
in the vehicle. Moreover, at his deposition, the defendant driver
admitted that he had not checked on his passengers prior to the
incident.
Insofar as the defendant driver admitted that he was speeding and
lost control of the vehicle, causing the accident, the defense
argued comparative negligence. Specifically, the defendants
alleged that the plaintiffs were significantly to blame for their
own injuries due to the fact that they were also intoxicated at
the time of the accident and failed to fasten their safety belts.
In support of this argument, the defense submitted evidence
indicating that the passengers consumed several mixed drinks and
beer during the five hours preceding the incident. In addition,
the defendants presented undisputed evidence that all the three
passengers that were in the back of the SPCON Sand Rail were
unbelted. In so proving, the defendants claimed that the
plaintiffs injuries would have been minimal, similar to the two
front belted passengers, if they had used their seat belts.
After two mediations, this matter was resolved shortly before
trial in favor of the plaintiffs for $________ (policy limits).
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