$2,376,189 Awarded

Six passengers injured when van crashes in single-vehicle accident

Vehicle Negligence*Stop Sign
Product Liability*Motor Vehicles*Tire/Wheel

Riverside County Superior Court

Parks v. The Roman Catholic Diocese of Phoenix, Case No. RIC394666. District (if any): Central. Judge: Stephen D. Cunnison. Jury trial: 4 weeks. Verdict/Judgment Date: 3/14/05.

Verdict/Judgment: $2,376,189.00 According to plaintiff: $657,189 economic; $1,719,000 non-economic. Liability was apportioned 100 percent to the Roman Catholic Diocese of Phoenix and 0 percent to Michelin North America.
Vote: Mixed poll. Deliberations: 2.5 days

Trial Counsel
Plaintiff: Daniel M. DiRe, Law Offices of Charles S. LiMandri, Rancho Santa Fe, CA.
Plaintiff: Charles S. LiMandri, Law Offices of Charles S. LiMandri, Rancho Santa Fe, CA
Defendant: Alexander Calfo, Yukevich, Calfo & Cavanaugh, Los Angeles, CA.
Defendant: Mark S. Lester, Haight, Brown & Bonesteel, Riverside, CA
Defendant: Craig McCarthy, Gust Rosenfeld, Phoenix, AZ
Defendant: James Yukevich, Yukevich, Calfo & Cavanaugh, Los Angeles, CA.

Facts/Contentions
According to plaintiff: On April 6, 2003, plaintiffs Laura Parks, age 27, Lourie Plaza, age 23, Maureen Gilloon, age 22, Jaime Howe, age 23, Maricela Moffitt, age 22, and Christi Oliver, age 24, were passengers in a 1995 Ford E350 van. The van was owned and operated by St. Theresa Parish and School. The driver was an employee of Saint Theresa Parish. Plaintiffs were returning home to Phoenix after attending a religious retreat in Los Angeles.

The van was traveling eastbound on I-10 in the no. 1 lane at a high rate of speed. Suddenly, the tread separated from the left rear Michelin tire. The driver turned to the right and hit the brakes, losing control of the van and causing it to enter into a clockwise rotating skid. The van skidded across both eastbound lanes of the freeway before sliding off the side of the road and rolling three times.

As the van rolled, the roof was crushed and several of the windows popped out. The driver admitted to the CHP that he was traveling between 80 and 85 mph at the time of the accident. The posted speed limit was 70 mph.

Claimed Injuries
According to plaintiff: Plaintiffs sustained serious orthopedic injuries of varying degrees as a result of the accident. Three of the plaintiffs sustained mild brain injuries.

Claimed Damages
According to plaintiff: Plaintiff’s medical bill exceeded $500,000. The life care plan for the three most seriously injured plaintiffs approximated $4 million after reduction to present value. Plaintiffs claimed an additional $4.5 million in non-economic damages.

Settlement Discussions
According to plaintiff: Plaintiffs settled with Ford Motor Company in December 2003. Ford made a motion of good faith settlement for a confidential amount, which was subsequently granted by the court. Although the matter was mediated with one of the other remaining defendants on three separate occasions, no subsequent settlement offers were made.

Trial Experts
Plaintiff: Joseph A. Awad, biomechanical engineer, Forensic Injury Consulting, San Diego, CA (619) 295-3020.
Plaintiff: Howard J. Friedman, neuropsychologist, Neurological Sciences, Inc., Walnut Creek, CA (925) 933-5594.
Plaintiff: William R. Goodrich, life care planner, National Life Care Services, Missoula, MT (800) 322-9320.
Plaintiff: William O. Hagerty, tire expert, Escondido, CA (760) 735-3222.
Plaintiff: Craig Metzger, orthopedist, Arizona Orthopedic & Fracture Surgeons, Phoenix, AZ (620) 230-1400.
Plaintiff: Stephen L. Plourd, accident reconstructionist, Stephen Plourd Investigations, San Diego, CA (858) 274-9500
Plaintiff: Robert E. Walker, tire expert, Cypress, TX (281) 807-1079.
Plaintiff: Vickie M. Wolf, economist, Brodshatzer, Wallace, Spoon & Yip, San Diego, CA (619) 234-4173.
Defendant: Stephen M. Arndt, safety engineer, Phoenix, AZ (480) 706-2963.
Defendant: Thomas Dodson, tire engineer/failure analysis consultant, Copley, OH (330) 666-1328.
Defendant: Donald C. Stevens, safety engineer, Phoenix, AZ (480) 706-2963.

Expert Testimony
Not Reported.

Comments
According to plaintiff: The insurance carrier for the Roman Catholic Diocese of Phoenix and Saint Theresa Parish and School was Catholic Mutual. Roman Catholic Diocese of Phoenix and Saint Theresa Parish and School paid the judgment. Plaintiffs agreed not to file an appeal as to Michelin North America.

Mark S. Lester and Craig McCarthy representing the Roman Catholic Diocese of Phoenix and St. Theresa Parish and School. James Yukevich and Alexander Calfo represented Michelin North America.