October 1996 Settlement - King County
THOMAS & CHERYL v. McCLATCHY NEWSPAPERS, INC; TACOMA NEWS, INC.; ROBBINS & COMPANY HOUSE MOVING, INC
Number:95-2-05560-5
Settlement Date: 7/29/96 (trial set for 7/29/96 - 3 weeks)
Plff Atty: Arthur D. Swanson (Renton)
REAR END COLLISON - SUMMARY JUDGMENT
PARAPLEGIA; ROTATOR CUFF, BLADDER & BOWEL INJURIES.
9/27/94 - Plff, male age 47, carpenter foreman. Plff was driving a Ford Tempo southbound on Issaquah/Hobart Road, a two-lane rural roadway, at the 50 m.p.h. speed limit. As Plff came over the crest of a hill, he encountered two flatbed trucks owned by Def. house moving company and driven by Def.'s employees. The trucks were stopped in the road blocking both the northbound and southbound lanes of travel. The flatbeds had stopped to pick up debris in the roadway which had been knocked down by the house moving procession of vehicles ahead of the flatbed trucks. Plff stopped in what he described as halfway between a simple stop and a panic stop. Plff contended that within seconds of Plff stopping behind the flatbed truck in the southbound lane of travel, a 1994 Ford van owned by Def. McClatchy (Tacoma News Tribune) and driven by its employee, came over the crest of the hill traveling southbound traveling at least 71 m.p.h. He contended he had no warning of the stopped vehicles behind the crest of the hill prior to encountering Plffs and the two flatbed trucks stopped in front of him. The driver laid down over 157 feet of skidmarks attempting to stop his speeding vehicle but ultimately collided with the rear of Plff's vehicle, crushing Plff into the southbound flatbed truck which in turn pushed the truck into the second flatbed truck. Plff brought this action against the house moving company, its employee - drivers, the newspaper publisher and its employee - driver based on negligence and respondeat superior theories of recovery. Plffs contended that both Defs. were negligent. Def. publisher contended administrative codes required the house moving company to provide flaggers at the crest of the hill because of the obstructed roadway ahead and that this failure to warn was a major cause of Plff's injuries. Def. house moving company contended that Def. Drew's excessive speed was the sole proximate cause of the collision.
Injuries: T-10 complete paraplegia; neurogenic bladder. Neurogenic bowel; spasticity and rotator cuff tear of left shoulder. Neurogenic intractable pain at level of transaction and intractable pain from spinal hardware.
Specials: Med. $132,628 past, $1,587,267 future; Lost Wages - $1,061,041 past and future; Days in Hosp. - 37 days.
Settlement: Demand: $11,750,000. Offer: prior to settlement on the first day of trial, Def. publisher had made a structured offer of $500,000 (PCV); Def. house moving company offered to pay its policy limits in exchange for full/complete release and a hold harmless agreement with respect to cross-claims of co-defendants. Plff refused this offer of settlement
Result: SETTLEMENT for $5,500,000. (Def. publisher paid $4,500,000; Def. house moving company paid $1,000,000. *Summary judgment on liability against Def. publisher and all issues of contributory negligence against Plff were stricken. Plff's summary judgment motion with respect to liability of Def. house moving company was denied.
