Finally, a resolution!

I didn't blog about this when it happened, but in July of 2009 my dad was in a horrific motorcycle accident. A semi-truck turned left against a red light right in front of my dad. He couldn't avoid the collision. He struck the left side (as you are looking at the truck) of the grill, rebounded 12 feet from the collision and landed on the pavement. His entire left side of his body was crushed. Broken femur, ankle, knee, wrist, jaw...it was terrible. But, he is alive and there is no brain or spinal injury to speak of. He still has a couple surgeries to go (knee and hip replacement) and he'll never work again, but, like I said...he is alive.

With all of this, there was a court case in the midst. The truck that hit my dad was a Land o' Lakes milk truck. There was a law suit filed in August 2009, finally settled in November 2010. Right after the accident, I contacted a motorcycle accident attorney to take his case. We both knew that it would be BIG. They did all their homework and research. Experts, doctors etc...all provided opinions. Land o' Lakes offered $600,000 the first go around to settle. My dad's past medical bills alone were nearly $300,000. Trial attorneys were brought in and the case continued. The offer was upped to $2.5 million. Through the process, one of the defense (Land o' Lakes) witnesses had the nerve to say how lucky my dad was that he struck the "soft spot" of the truck. Funny...I didn't know that a semi-truck had a soft spot! The defense also hired a private investigator to follow and video tape my dad. It's amazing what lengths a company would go to simply to avoid making restitution for their mistake. Which, they admitted FULL responsibility for the accident. Well, after more than a week in court, my dad walks away with $6.5 million. He doesn't get all of that. The lawyers have to be paid...but he'll be taken care of for the rest of his life, with the right investing of course.

Here is an article that was published about the case:

Land O'Lakes to Pay $6.45 Million for Injuries From 2009 Auto Accident
by Jason W. Armstrong

Daily Journal
A Kings County Superior Court jury late Tuesday awarded a 55-year-old former prison guard $6.45 million for debilitating injuries he suffered when his motorcycle plowed into a truck making an illegal turn.

"Panish Shea & Boyle partner Kevin Boyle said his firm rejected Land O'Lakes' offer to settle for $2.5 million before trial. "

The panel's award to Robert Crenshaw against the truck's owner, Minn.-based dairy giant Land O'Lakes Inc., marked the largest civil judgement ever in the central California county, according to attorneys involved in the case.

The county's previous record verdict was $1.6 million earlier this year.

"This verdict will allow Mr. Crenshaw to live out the rest of his life with dignity," said Brian Panish, name partner with Los Angeles' Panish Shea & Boyle, who represented the plaintiff. "The jury did a great job of recognizing the seriousness of his injuries."

Land O'Lakes' lawyer, Lawrence E. DeWitt of Fresno's Petrie, Dorfmeier & Morris, did not respond to a request for comment Wednesday.

The accident at the heart of the case occurred on July 20, 2009, when Crenshaw slammed head-on into a truck as it turned against a red light at Kansas Ave. and State Route 43 in an unincorporated area near Hanford. Crenshaw's motorcycle landed across his left leg when he hit the ground, and he suffered dozens of broken bones and fractures across his body.

He had to quit his 16-year job as a guard at nearby Corcoran State Prison, and doctors said he would never be able to return back to that line of work, according to court papers.

Crenshaw sued Land O'Lakes and the truck driver, Bradley R. Smith, for negligence in Aug. 2009, seeking compensation for past and future medical expenses, loss of earnings, past and future pain and suffering damages and the cost of his destroyed motorcycle and other property.


Land O'Lakes and Smith ultimately admitted liability in the case, according to the company's filings, so the sole question before jurors was how much in damages to award. Panish ended up dismissing Smith from the case and pursuing damages solely against Land O'Lakes.


Panish Shea & Boyle partner Kevin Boyle said his firm rejected Land O'Lakes' offer to settle for $2.5 million before trial. Of the $6.45 million the jury awarded Crenshaw after the seven-day trial before Judge Thomas DeSantos, the panel awarded $1.35 million for future medical costs, $329,000 for past medical expenses, $1.3 million for future earnings loss, and $111,000 for past earnings loss.

The verdict also comprised $2.5 million for future pain and suffering, $750,000 for past pain and suffering, $87,000 for loss of Crenshaw's ability to operate his household, and $5,000 for property loss.

Boyle said jurors seemed to be swayed by Crenshaw's testimony, as well as video of Crenshaw the defense shot in its investigation into the plaintiff's injury claims.

"We played it as part of the plaintiff's case," Boyle said. "It demonstrated how disabled he really was."


I testified in the trial and was able to listen to a couple days of proceedings. It was pretty emotional. But, it's over now and we can all rest a little easier knowing that they'll be ok.