Woman's lawyers win her case after being injured in an accident with two drunk drivers while riding on a motorcycle
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, July 10, 1982Result Date:
Wednesday, June 1, 1983Monetary Result:
$558,352Topics:
Court:
Fresno County Superior CourtOn July 10, 1982, at 11: 20 p.m.Sharon Crigger, a 36-year-old federal crop insurance adjuster with the Department of Agriculture, was riding as a passenger on the back of Kermit Johansson's motorcycle at Fruit and Ashlan Avenue. Ms. Crigger and Mr. Johansson were driving west on Ashlan when Patrick McHatton was traveling in a southbound direction on Fruit Avenue. The two vehicles collided with each other at the intersection controlled by light signals. Both drivers argued that they had the green light.
Ms. Crigger was severely injured. She sustained several pelvic fractures, requiring 50 units of blood. She also suffered nerve injuries to her right leg and right arm, including her right shoulder, leaving her with residual dysfunction of the deltoid and triceps muscles of the right arm, which restricts her from strenuous activity, and in her work. She was in intensive care for nine days, and in the hospital for two months. She subsequently sued both Mr. Johansson and Mr. McHatton for their individual roles in causing the accident.
Crigger had been dating Johansson for about a year prior to the accident, and they had been on a river rafting outing early that day. All the people involved consumed alcoholic beverages that day, although no blood alcohol content was taken from Ms. Crigger, who could not remember the incident due to her injuries. Mr. McHatton was arrested for felony drunk driving.
McHatton argued that he had consumed four or five beers during the hour prior to the accident, and that he was on his way home. He was intending to continue driving south on Fruit avenue at the intersection, and had the green light. Physical factors of the accident indicated that his account was inconsistent, however. It appeared that he was making a left hand turn, and, further, was traveling at 15 to 20 m.p.h. at the time of the accident. Mr. McHatton admitted he was partially at fault, but argued that Mr. Johansson was also negligent, and that Ms. Crigger was comparatively negligent for getting onto the motorcycle with an impaired driver.
Defendant Johansson claimed that he was traveling at 35 m.p.h., and that he had the green light. He further argued that he had no notice of the other motor vehicle until he was some twenty feet from the intersection, which time he caught a glimpse of the other vehicle, and at that point he attempted to take evasive action and brake, but was unable to apply his brake prior to impacting the motor vehicle. Defendant Johannson denied any liability.
Both the plaintiff and the defendant brought expert witnesses to the stand. An accident reconstructionist testified on behalf of Ms. Crigger, testifying that even if both of the vehicles had the green light, that Mr. Johannson could have taken evasive action, and should have been able to reduce the speed of his motorcycle from 35 m.p.h. to 22 m.p.h., based on normal reaction time, had he not been drunk. Mr. Blair stated that this reduction of speed would reduce the velocity of impact by 60%. Another expert witness testified that Mr. McHatton had a blood alcohol content of .015, and that level his perceptual abilities were impaired.
The defendant's expert witness testified that in his opinion the accident was unavoidable, as there were obstructions at the intersection that kept both drivers from seeing each other.
Ultimately, Ms. Crigger and her lawyers won the case for her, awarding her $558,352.32. It was found that Mr. McHatton was primarily at fault, although Mr. Johansson contributed to the accident.
Comments
Straightening up some facts.
Straightening up some facts. (Now cleaning up spelling.)
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