Woman's lawyers win her case after being injured in an accident with two drunk drivers while riding on a motorcycle

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, July 10, 1982
Result Date: 
Wednesday, June 1, 1983
Monetary Result: 
$558,352
On 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

M. Crigger was awardd $558,352.32 but ince the jury of 12 found Patrich McHatton so blaightenly obviously the problem, there was 0% liability to me.  McHatton had nothing except a string of traffic prior arrests related to alchohol (all reduce since he was probate investigator for the court system and seemed to have an inside track on everything (he had unrestricted access to police files).   He had no money or assetts  and probably no job after that. That is why she did not receive any money. I had no prior records of any kind.  It was important that I get sued and found to have at  least 1% liability -  CA had the deep pockets law at the time which meant anyone with any kind of liability contribution no matter what percent, the money would come from that person.  I had assetts and a good job with the government so all the money would have had to come from me.  (The County was also sued since it was a blind corner on the right from whence McHatton appeared - but they slithered out early- or they would have paid also) .   If found negligent even at 1%, I would have given up all my savings, house and future to fund a drunk drivers irrisponsibility.)   The hospital which addressed my injuries always does a blood test to see what they have to worry about for medicine - I was within/ below legal limits and no drugs.   You get surprised by a speedy vehicle running a red light appearing from a blind corner going 35 and let me know how you avoid that.   Ms. Criggers attorney (whom I will name if I see this crap again) passed up my insurance company's offer to give up $230,000 of liability insurance that I had, for going for the larger judgement.   Lawyers working on consignment cases get 25% of settlements and 33% of court suit awards.    Because of this Ms. Crigger was the loser in this battle.   She could had a fair award but all decided to go for the gold.    The last line is wrong, McHatten was 100% at fault.  Who writes these summaries?  I still have the court transcripts if anyone would like a copy.    

(Sorry for the previous statement errors- hit save not preview before rereading. Wanted to replace the previous statement with this one.) Ms. Crigger was awarded $558,352.32, but since the jury of 12 found Patrick McHatton so obviously the problem, the jury assigned 0% liability to me.  McHatton had nothing except a string of traffic prior arrests related to alcohol, all reduced due to plea beginning (this was prior disclosure and not admitted into court proceedings).   But he had nothing since he was an alcoholic on the way down.   McHatton had no money or assets  (and probably no job after that). That is why Ms. Crigger  did not receive any money. However, since he was probate investigator for the court system at the time of accident, he had unrestricted access to police files.   Police photos of the accident disappeared according to police testimony. I had no prior records of any kind.  But it was important that I get sued and found to have at  least 1% liability.   CA had the "deep pockets" law at the time which meant anyone with any kind of liability contribution, no matter what percent, the money would come from that person.  I had assets and a good job with the government so all the money would have had to come from me.  (The County was also sued; although it was a blind corner on the right from whence McHatton appeared, it was acceptable with traffic lights so they slithered out early,  or they would have paid also) .   If found negligent even at 1%, I would have given up all my savings, house and future to fund a drunk drivers irresponsibility.   The hospital which addressed my injuries always does a blood test to see what they have to worry about for medicine/treatment.   I was within/ below legal limits for blood alcohol  and no drugs.   Their expert  witness apparently was describing a race track driver in full light with no passenger.  I  got surprised by a speedy vehicle running a red light appearing from a blind corner going 35 with 20 foot warning - I couldn't even get out the phrase "what the f....".   Ms. Criggers attorney (whom I will name if I see this less than accurate disclosure again) passed up my insurance company's offer to give up $300,000 (had to look it up) of liability insurance that I had, instead wanting to go for the larger judgment.   Reason is, lawyers working on consignment cases get 25% of settlements and 33% of court suit awards.    Because of this Ms. Crigger was the loser in this battle- all her medical expenses were on case consignment (about $100,000) - but she received no cash.   She could have had a cash award but the attorney decided to go for the gold.    The last line is wrong, McHatten was 100% at fault.   I still have the court transcripts if anyone would like a copy.   This appears to be a white wash of the facts for a legal firm reume summary.       

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