Motorcycle Accident – Morgan County
November 1997
Leg fracture
Total medical expenses: $17,976
Final offer before trial: $5,000
TOTAL JUDGMENT: $80,937
MORGAN COUNTY DISTRICT COURT
Larry W. Meese v. Walter Wayne Heitschmidt and Marion Heitschmidt
Case No: 96-CV-90
Judge: Joseph J. Weatherby
Trial Dates: November 17 – 19, 1997
Plaintiff’s Attorneys: David S. Hoover and Michael J. Harvey (Hoover Law Firm)
Defendant’s Attorney: James M. Bruce (Quigley & Bruce)
Type of Claim: Personal injury – one vehicle motorcycle accident. This accident occurred on July 23, 1995, on County Road S in Morgan County. The plaintiff was riding a motorcycle on a dirt road adjacent to the defendant’s property when he encountered a muddy area in the roadway. The plaintiff alleged that the muddy area was caused by the defendant’s irrigation pivot sprinkler which had over-sprayed onto the dirt road. The plaintiff lost control of his motorcycle and fell, at an estimated speed of 17 mph. The defendant denied negligence and asserted that reasonable, diligent efforts had been made to adjust the sprinkler to prevent over-spray, but because of the age of the irrigation sprinkler, it came out of adjustment, causing the wet roadway condition. The defendant also asserted that the plaintiff was comparatively negligent for riding his motorcycle through the muddy road conditions. The defendant also disputed the nature and extent of the damages.
Injuries Alleged: Comminuted fracture of the left leg. Past medical expenses of $17,976, Future medical expenses of $5,000 to $7,000. Periodic residual pain and suffering.
Final Demand Before Trial: Initial demand of $100,000 with an indication that the plaintiff would substantially reduce the amount ‘upon receipt of a serious offer.
Final Offer Before Trial: $5,000 offer of settlement.
Plaintiff’s Expert Witnesses: David Donaldson, MD (treating orthopedic surgeon, by videotape) Al. Wilson (on accident reconstruction)
Defendant’s Expert Witness: C.W. Anthony (on motorcycle operations)
Verdict: For the plaintiff:
- $30,000 for noneconomic losses
- $30,000 for economic losses
- $10,000 for physical impairment
Total: $70,000 (gross) plus statutory interest from the date of the accident, July 23, 1995.
- 90% negligence charged to the defendant
- 10% negligence charged to the plaintiff
©1998 Jury Verdict Reporter of Colorado
All rights including the right to reproduce copies.
Reproduced with the express written consent of the JVRC.
