Tire blows out on church van: Failure to replace tire: Unsafe operation of vehicle: Crushed pelvis: Collapsed lung: Verdict

Law Reporter, Dec 1998

Fuller v. Greater Bethany Community Church, Cal., Los Angeles County Super. Ct., No. BC 109 995, Aug. 25, 1998.

Fuller, 36, was a passenger in a church van, which had recently had three of its four tires replaced. As the van was traveling on an interstate highway, the left rear tire-the one that had not been replaced-blew out. The driver lost control of the van, and it rolled over repeatedly. Fuller was ejected, and the top of the van landed on her.

Fuller suffered a crushed pelvis, requiring surgery. She also suffered a collapsed lung, closed-head injury, and fractures to her left thigh and knee cap, requiring arthroscopic surgery. Her medical expenses were about $116,000. A preschool teacher who had earned about $5.75 hourly, she is permanently disabled.

Fuller sued the church, alleging failure to properly maintain the van. Plaintiff claimed that although the church mechanic had recommended that all four of the van's tires be replaced, the church administrator had purchased only three tires. Plaintiff also alleged defendant had failed to provide a properly trained driver and had overloaded the van, making it difficult to control during a blowout. Suit against the driver alleged failure to safely operate the van.

The jury awarded about $10.1 million, finding the church 97 percent liable and the driver 3 percent responsible. Posttrial motions are pending.

Plaintiff's experts were William Jennings, economics, Northridge, Cal.; Thomas DeCoster, orthopedic surgery, Albuquerque, N.M.; Castoria Seymore, pain management, Inglewood, Cal.; Lawrence Miller, physical medicine, Pasadena, Cal.; and Lorraine Giliberto, chiropractic care, Riverside, Cal. Defendants' experts were Anthony Stein, human factors, Los Angeles, Cal., and N. Paul Rosenthal, neurology, Van Nuys, Cal.

Plaintiff's Counsel:

*Brian J. Panish, Santa Monica, Cal.

[ Comment: For a case alleging a supervisor's failure to use reasonable care caused a church volunteer's hand to be slammed in a van door, see Pratte v. Central Cal. Church of God Ass'n, 40 ATLA L. Rep. 261 (Sept. 1997). *Richard C. Brenneman, Santa Maria, Cal., represented plaintiff.]

[Documents in Pratte are available through the Court Documents section at p. 403, courtesy of Mr. Brenneman.]