Car strikes motorcycle: Driving while intoxicated: Improper lookout: Knee, hip injuries: Postverdict settlement

Law Reporter, May 2004

Elliott v. Pattee, Alaska, Anchorage 3d Jud. Dist. Ct., No. 3AN-02-9498 CI, Jan. 2004.

Elliott, 20, was riding a motorcycle when a car traveling in the opposite direction turned in front of him, causing Elliott to collide with the side of the car. Elliott suffered severe trauma to his right knee and hip, requiring two surgeries to correct. He is expected to require future surgery. His past medical expenses totaled about $108,000, and his future medical expenses are estimated at $450,000. A hospital technician earning about $20,000 annually, he was able to return to work only part-time.

Elliott sued the other driver, alleging negligent failure to keep a proper lookout and driving while intoxicated.

A jury awarded plaintiff $1.95 million. The court increased this amount to $2.6 million under the state victims' rights statute, which provides that victims of intoxicated drivers may recover attorney fees and costs. The driver's insurer subsequently settled with plaintiff during the pending appeal for $1.4 million

Plaintiff's experts included P.J. Hill, economics, Anchorage, Alaska; and Bret Mason, orthopedic trauma surgery, Anchorage, Alaska.

Plaintiff's Counsel

*Michael J. Schneider, Anchorage, Alaska

*Patrick J. McKay, Anchorage, Alaska