Defective Motorcycle / Auto Collision – Douglas County

August – September 2008
ŸFracture of the pelvic girdle – Chronic pain in legs and back – Sexual dysfunctionŸ
Total medical expenses:  $94,176
Final offer before trial:  $100,000
TOTAL JUDGMENT:  $2,005,439

DOUGLAS COUNTY DISTRICT COURT

Michael A. Bomer vs. Thunder Mountain Custom Cycles, Inc. and Ociel Castanada

Case No: 06-CV-176

Judge: Paul A. King

Trial Dates: August 26 – 29 and September 3 – 5, 2008

Plaintiffs’ Attorneys: David S. Hoover (The Hoover Law Firm) and Michael L. Poindexter (The Law Office of Michael L. Poindexter, PC)

Defendants’ Attorneys: Thunder Mountain Custom Cycles: Bruce A. Menk (Hall & Evans, LLC) Ociel Castanada: Stacy Spurlock (Lasater & Martin, PC)

Type of Claim: Product liability – defective product (claim against Thunder Mountain Custom Cycles) and personal injury – motorcycle/auto collision (claim against Ociel Castanada settled during trial). In 2005, Michael Bomer, 48, purchased a new Blackhawk 240 custom “chopper” motorcycle from Thunder Mountain Custom Cycles (TMCC). TMCC custom choppers are built primarily with Harley Davidson components on custom frames with custom chrome and paint jobs at the TMCC manufacturing facility in Loveland, Colorado. On December 31, 2005, the plaintiff, who weighed 500 pounds, was operating the motorcycle and said that the right handlebar of the motorcycle came loose in his hand as he was exiting C-470 at the South Broadway exit. He said he managed to bring the 700 pound bike to a stop in the southbound lanes of Broadway without damage, but could not steer or control the bike without control continuity. While sit­ting in the seat and using his tiptoes, the plaintiff attempted to back the motorcycle out of the traffic lanes to the shoulder. A car driven by defendant Ociel Castanada exited C-470 onto south Broadway and struck the plaintiff and motorcycle from the rear, knocking the plaintiff about 45 feet through the air. The plaintiff sustained an open-book fracture of his pelvic girdle and other injuries. He said he has been function­ally unemployed and unable to perform any significant work since the crash. The plaintiff alleged that the motorcycle was defective. He claimed that the right handlebar retaining bolt had been installed without “Loc-Tite” thread adhesive, and had dropped out of the upper part of the motorcycle’s front suspension due to vibration and gravity. He also alleged that the left bolt remained with the bike, and showed evidence of sub­stantial Loc-Tite having been applied during initial assembly. Defendant Castanada, who settled with the plaintiff on the second day of trial, claimed he was faced with a sudden emergency, which he did not cre­ate and to which he responded with reasonable care. He alleged that the plaintiff was backing his motorcycle up and was in the defendant’s lane of traffic. Defendant Thunder Mountain Custom Cycles contended that there was no defect in the motorcycle when it left the defen­dant’s control. Defendant TMCC claimed that the motorcycle had been substantially changed as a result of a prior motorcycle accident, and claimed that Ociel Castanada was at fault and the plaintiff was compara­tively at fault. The defendant TMCC disputed the nature and extent of some of the plaintiff’s injuries and damages and disputed that he was unemployable. After defendant Castanada settled, TMCC designated him as a non-party.

Injuries Alleged: Open-book fracture of the pelvic gir­dle which required major surgery and placement of six stainless steel screws to reduce. Chronic pain in the legs and back, inability to walk without a cane, sexual dys­function, inability to obtain a full erection, inability to feel sensation of an orgasm and difficulty urinating. Depression and impaired mental functioning due to pain and drug dependence on prescription pain medica­tions. The plaintiff’s penis was shortened by two inch­es due to damage to the pelvic area. The plaintiff’s medical expenses were approximately $94,176.16. The plaintiff, who had been a police officer and then private investigator, claimed he was functionally unemployable.

Final Demand Before Trial: $2.5 million demand to Thunder Mountain Custom Cycles. No demand to Ociel Castanada.

Final Offer Before Trial: $100,000 statutory offer of settlement from Thunder Mountain Custom Cycles. Defendant Castanada settled with the plaintiff during trial.

Plaintiffs’ Expert Witnesses: John Schwappach, MD (orthopedic surgeon)
David Danaher (specialist in mechanical engineering) Alan Wilson (accident reconstructionist) Wayne Gardenswartz, CPA (economist) John Burchinal, DO (osteopathic medicine) John Kang, MD (urologist) Doris Shriver (occupational therapy and vocational rehabilitation)

Defendant’s Expert Witnesses: For Thunder Mountain Custom Cycles:
P. Thomas Blotter, PhD (mechanical engineer, regard­ing design and assembly of the motorcycle), Logan, Utah Ruthe Hannigan (vocational rehabilitation specialist) Gregory Taylor, CPA (economist)

Verdict: For the plaintiff:

  • $317,000 for non-economic losses
  • $720,000 for economic losses
  • $743,000 for physical impairment
  • Total: $1,780,000 (gross)
  • 0% negligence charged to the plaintiff
  • 54% negligence to defendant Thunder Mountain Custom Cycles
  • 46% negligence charged to the designated non-party, Ociel Castanada
  • Plus statutory interest and costs.

Note: The plaintiff settled with defendant Castanada at the beginning of trial.

©2009 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.

Defective Motorcycle / Auto Collision – Douglas County was last modified: April 9th, 2013 by David S. Hoover
share

Comments are closed.

Call Now Button