Case details

Driver crossed center line and caused crash, plaintiffs claimed





Result type

Not present

chest, fracture, hip, leg, rib
On Oct. 3, 2011, plaintiff Norris Delany, an unemployed 59 year old, was a passenger in a 1988 Jeep Cherokee driven by plaintiff Christopher Bynum, a 53-year-old disabled man. As they were traveling north on Highway 101 in Southern Mendocino County, their Jeep was struck head-on by a 2000 Chevy Silverado operated by David Eppinger. The force of the collision caused the Jeep to go over an embankment, ejecting both Delany and Bynum from the vehicle. Their bodies ultimately came to a rest approximately 30 feet from their overturned vehicle. Delany and Bynum sued Eppinger and the owner of the vehicle, Eppinger’s employer, John Stigall Jr. They alleged that Eppinger was negligent in the operation of the Chevy and that Stigall was vicariously liable for his employee’s actions. Plaintiffs’ counsel noted the deposition testimony of a California Highway Patrol Officer who responded to the scene, in which the officer concluded that Eppinger had crossed over the center line and struck the plaintiffs’ vehicle head-on. As such, the CHP officer found Eppinger 100 percent responsible for the accident., Delany sustained serious hip fractures to the left hip. He was first taken to Ukiah Valley Medical Center and then to Santa Rosa Memorial Hospital, where he spent 17 days as an in-patient while undergoing his first hip surgery to stabilize the fractures on the left hip. However, due to post-traumatic avascular necrosis in the area of Delany’s hip surgery, a second surgery was required. Thus, Delany underwent a total left hip arthroplasty. He claimed that following the second procedure, he can now walk without assistance. Bynum was transported to Santa Rosa Memorial Hospital, where he was treated for fractures of his ribs and a fibula, as well as other . He subsequently spent four days at the hospital for observation, pain control, X-rays and physical therapy.
Superior Court of Mendocino County, Mendocino, CA

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