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In this case, the plaintiff and defendant traveled together in defendant's car to a local bar on the evening of March 16, 2006. They remained at the bar between 5 and 6 hours and both became extremely intoxicated. While driving home at a very excessive speed the defendant lost control of his car and rolled several times before coming to a stop upside down. The plaintiff, who was riding as a passenger, sustained multiple injuries including a severely fractured collarbone that required surgery to repair. He incurred medical expenses of $26,438.41 for treatment of his injuries and lost wages of $1,280 for 4 weeks of time missed from work. The defendant pled guilty to driving under the influence of alcohol prior to trial.
The plaintiff was paid $50,000 by the automobile liability insurer and filed a claim for recovery of underinsured motorist benefits. No offer of UIM benefits was made to the plaintiff and the case proceeded to trial. The plaintiff claimed that he was entitled to an award of actual and punitive damages. The defendant admitted that he was driving under the influence of alcohol at the time of the accident, that he was liable for the accident and that the plaintiff's injuries were proximately caused by the accident, but claimed that the plaintiff had assumed the risk of injury and was therefore comparatively negligent in causing his own injuries. The jury deliberated for only 10 minutes before returning a verdict finding both the plaintiff and defendant to be 50% responsible for the plaintiff's injuries and awarding actual damages of only $27,078.61. The award was reduced by 50% to $13, 539.31 for the plaintiff's own negligence. Because the plaintiff had received more than that from the liability insurer he was barred from any further recovery.
Defense Counsel: T. David Rheney |
