Female motorcyclist riding with instructor on track, claims gross negligence in case of crash.
Plaintiff was 32 years old at the time of the Thunderhill Raceway accident on October 18, 2015. She was a high-wage banker/finance worker. She was an experienced motorcyclist and had participated in high-performance motorcycle track days at Thunderhill Raceway, which were organized by Keigwins@TheTrack, Inc. Cory Call (or “Call”) was 46 years old and was a professional motorcyclist who provided coaching and instruction for Keigwins. Participants could also enjoy “two-up” high speed rides with Call to improve their riding skills. He demonstrated the correct throttle, brake, and throttle control, and provided an instructive, controlled experience that included deep lean angles, knee dragging, and deep lean angles. Call and Barrett took part in a tandem ride. After hitting a slick spot on the third lap, they crashed and then slid into the outfield at high speed. The second motorcycle, which was ridden by Kevin Norton, the ex-defendant defendant, crashed into Call and Barret in the same spot. Call attempted to protect Barrett from Norton’s motorcycle, but she was unable to move and remained on her knees, catching her breath. Barrett was unconscious after sustaining a head injury. She also had sonorous breathing. Call suffered multiple severe fractures. Both were flown to a Level 1 Trauma Center. Barrett was admitted to the hospital with a traumatic brain Injury, a closed-displaced traumatic fracture of her right and left right humerus, and a left radio nerve injury. She also had a 5th metatarsal bone fracture on her right foot. After being hospitalized for one week, Barrett was ORIF’d of her left and right right humerus bones. Her right foot was cast. After two weeks in the hospital, she was transferred to a rehabilitation facility to receive cognitive and physical therapy for memory, speech, and language disorders. She was able to continue that therapy as an outpatient for eight more months and she did not return full-time work until fourteen months after the accident.
Case Details
- Case Name: Jennifer Barrett v. Cory Call, Keigwins@TheTrack, Inc., Szymon Dziadzia, Jesse Carter, Kevin Norton, Leah Carter
- Court and case number: San Francisco Superior Court/ CGC-16-5551980
- Date Of Verdict or Judgment Friday, May 03rd, 2019
- Types of Action: Vehicles – Motorcycle
- Judge/Arbitrator(s),Hon. Harold Kahn
- Plaintiffs: Jennifer Barrett
- Defendants: Cory CallKeigwins@TheTrack, Inc. Symon DziadziaJesse Carter Kevin Norton Leah Carter
- Type: Jury Verdict
Verdict and Settlement
- Gross Verdict: Defense.
- Each Defendant to be awarded: Plaintiff dismissed Szymon Dziadzia and Jesse Carter early. Kevin Norton was granted summary judgment. The trial was halted by Cory Call & Keigwins@TheTrack, Inc.
- Arbitration or Trial Time:14 Days.
- Time for Jury Deliberation: Approximately 5 1/2 hours, over 2 days.
- Jury polls:10-2
- Post Trial Motions & Post-Verdict Settlements: Motion for new trial denied. $146,000 in costs tentatively awarded
Personal Injury Lawyers
- Attorney for the Plaintiff Choulos Choulos & Wyle by George Choulos & Claude Wyle San Francisco
- Advocate for the Defendant Stephen L. Hewitt, Los Angeles.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Fernando Miranda, M.D., neurology, San Francisco. Edgar Angelone, Ph.D., neuropsychology, San Francisco. Piers Barry, M.D., orthopedics, San Francisco.
- The Medical Expert(s), Defendant: Kyle Boone, Ph.D., neuropsychology, Los Angeles. Kenneth Laxer, M.D., EEG/evoked potentials, San Francisco. Trigg McClellan, M.D., orthopedics, San Francisco. John Panagotacos, M.D,. neurology, San Francisco.
- The Technical Experts of Plaintiff: Carol Hyland M.A./M.S. Vocational Rehabilitation, San Francisco Richard Becker, High Performance Riding/Instruction Phillip Allman, economics.
- Technical Expert(s), Defendant: Maria Brady, MS. CRC, CLCP. Vocational rehabilitation, San Francisco. Lance Keigwin, In-House Operations/Two-Up Riding Constantine Boukidis, economics.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Plaintiff claimed that Call was a hooligan who used dangerous two-up thrill rides to impress women. Keigwins@TheTrack, Inc. also condoned Call’s behavior for many years. Plaintiff’s two-up ride was “crazy quick” and included deep lean angles with knee dragging, wheelies and unsafe passing. This was not what he requested. Call’s recklessness, and his inattention to impending rain were the causes of Call’s crash.
Defendant’s Contentions: The defendants argued that Call was a skilled, experienced rider and that the two-up ride was instructive. Argued assumption and defamation of Call. The plaintiff embellished the events and called Call a liar to get around the waiver and release. Call claimed gross negligence. The accident was not due to excessive speed or carelessness, but by an unexpected slick spot at the track. Plaintiff, the second rider and the race track were equally responsible. With supporting evidence from social media, defendants argued that plaintiff exaggerated the severity and extent of her injuries.
Personal Injuries and Damages
- Plaintiff claims physical injuries Progressive cognitive decline due to traumatic brain injuries and residual orthopedic limitations permanently reduces quality of life.
- Past and future earnings loss of $2,480,000. This is due to eventual 40-60% reduction in earning capacity. Past and future medical expenses from $364,000; future pain and suffering of $3,000,000 to $5,000,000.
Demands and offers
- Plaintiff, SS998 Demand: Served on both defendants for $2 million.
- Defendant SS998 Offer: $375,000
Additional Notes
Markel Casualty is the Insurer
