At trial, defendant blames driver for settling out (empty seat).
This case involved a motorcycle-to-automobile collision that took place on Highway 1 in Moss Landing on July 20, 2014. Plaintiff Hambrook was a passenger on the motorcycle of her ex-boyfriend, Jimmie Lafitte. The motorcycle collided into a Saturn automobile, which was turning into a stand for fruit that faced Highway 1. Plaintiff was knocked to the ground by the collision. She sustained a compound fracture of the tibia and fibula in the grade 3B region. She was evacuated by air and underwent emergency surgery at San Jose Regional Medical Center, where she had a tibia rodding.
Case Details
- Case Name: Hambrook v. Lafitte
- Court and case number: Monterey County Superior Court/M133438
- Judgment or Verdict Date: Wednesday May 9, 2018
- Date Action Filed: Thursday November 20, 2014.
- Types of Action: Vehicles – Motorcycle
- Judge/Arbitrator(s), Hon. Marla O. Anderson
- Plaintiffs: Laura Hambrook, 48.
- Defendants: Jimmie Lafitte
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $1,925,000
- Settlement Amount Lafitte was convicted and paid $365,000 to settle the case. He also transferred title to two lots at Monterey.
- Each Defendant to be awarded: Jimmie Lafitte (Motocycle driver): $1,636,250 (85%)David Pierce (Driver) – $288,750 (15%)David Pierce was named as a defendant and the driver of the Saturn. He settled the case early for the $100,000 policy limits of insurance. The court approved a good faith settlement for this amount. At trial, he was sitting in an empty chair and defendant Lafitte claimed that Pierce was to blame for his injuries.
- Economic Damages None claimed.
- Non-Economic Damages: Past: $425,000Future: $1,500,000
- Arbitration or Trial Time:6 Days.
- Jury Deliberation Duration:4 Hours.
- Jury polls:12-0
Personal Injury Lawyers
- Attorney for the Plaintiff
- Attorney for the Plaintiff Piccuta Law Group by Charles Tony Piccuta in Monterey
- Advocate for the Defendant
- Advocate for the Defendant Martinez, David Hirshik, Hummel
Expert Witnesses
- Plaintiff’s Medical Expert(s).David Lowenberg, M.D. (Treating an orthopedic surgeon. Paul Toogood M.D. (Treating an orthopedic surgeon.
- The Medical Expert(s), Defendant: None during the trial.
- The Technical Experts of Plaintiff: None.
- Technical Expert(s), Defendant: Robert Piziali is a bio mechanist and accident reconstruction specialist, Menlo Park.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Plaintiff claimed that Lafitte was speeding along Highway 1’s shoulder and that Pierce, who was trying to turn into the parking lot at the fruit stand, collided with Lafitte’s motorcycle. Plaintiff argued that Lafitte was the primary cause of her injuries, resulting in multiple surgeries.
Defendant’s Contentions: Defendant claimed that he was going to a fruit stand and wasn’t passing vehicles on his shoulder. The defendant claimed that he was at the fruit stand’s parking lot, where he planned to get produce. However, the Saturn turned into his lot and hit his motorcycle. The defendant claimed that Pierce (a settled case, and not a defendant in the trial) caused the collision and caused injuries.
Personal Injuries and Damages
- Plaintiff claims physical injuries Grade 3B open fibula tibia fracture compound, resulting in infection and eventually Osteomyelitis. Additional surgeries were required to remove the rod from plaintiff’s tibia. Dr. Lowenberg, the plaintiff’s doctor, was able eliminate the infection without the necessity of amputation. He also testified that the prognosis for plaintiff for full recovery with no residual effects was 95% probability. Plaintiff’s medical prognosis was so positive that the defendant didn’t call the medical specialist he had chosen. Defense counsel: Plaintiff’s treating physician Dr. Toogood recommended that a below-the knee amputation be performed. In three years, plaintiff underwent nine operations.
Special Damages
- Special Damages Claimed Past Medical: Waived, and None Claim.
- Special Damages Claimed for Future Medical: Waived, and None Claim.
- Claimed Special Damages – Past Earnings: None.
- Claimed Special Damages – Future Loss Earnings: None Claimed.
Demands and offers
- Defendant Final offer before Trial: Per defense counsel : The $15,000 policy limit of the defendant was promptly tendered. Plaintiff refused and pursued the personal assets of the defendants.
