Case details

Motorcyclist: Coverage sought after driver fled scene





Result type

Not present

brain, brain injury, chest, fracture, rib, traumatic brain injury, wrist
On Dec. 7, 2014, plaintiff Dennis Cammack, 49, a building contractor, was being chased by Brandon Burt’s vehicle on Myrtle Avenue, in Eureka. Burt, who was intoxicated, had backed over Cammack’s friend’s motorcycle outside of a bar and fled the scene. Cammack followed Burt on his own motorcycle in an attempt to get Burt’s license plate number so that he could report Burt to the police. However, Burt made a U-turn and began chasing Cammack. Burt then pulled in front of Cammack and braked suddenly, causing Cammack to crash his motorcycle. Cammack claimed that he suffered to his chest, back, head and a wrist. The Eureka Police Department initially listed Burt as an “unknown” hit-and-run driver, but after an investigation, Burt was located. Cammack sued Burt, alleging that Burt was negligent in the operation of his vehicle. Burt tendered his $15,000 policy limit after being served a C.C.P. § 998 offer to compromise. Cammack sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Safeco Insurance Co. of Illinois., Cammack sustained fractures to his ribs and a wrist. He also claimed he suffered a traumatic brain injury. In addition, he sustained a broad-based lumbar disc bulge at the L5-S1 level with a central annular fissure that caused moderately severe bilateral foraminal stenosis; a large central and left paracentral lumbar disc protrusion at the L4-5 level that caused marked central spinal stenosis, marked lateral left recess stenosis, and marked left and moderate right caudal foraminal narrowing; and a broad-based thoracic disc bulge at the T7-8 level. Cammack was taken from the scene by ambulance and brought to a hospital. He ultimately required two surgeries on his back; one in September 2015 and one in October 2016. Cammack claimed he suffers a substantial loss of wages due to functional limitations that precluded his return to his occupation. Cammack sought recovery of past and future medical costs, past and future lost wages, and damages for his past and future pain and suffering.
Superior Court of Humboldt County, Humboldt, CA

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