Posted on 06/03/2003 8:50:34 PM PDT by BenLurkin
PALMDALE -- In a judgment against a 17-year-old girl and her father's automobile dealership, a jury has awarded $7.3 million to a seriously injured Los Angeles Police Department patrolman for a traffic accident caused by the teen as she talked on a cellular telephone.
A car driven by plaintiff Robert Jewett collided with defendant Kelly Johnson's sport-utility vehicle at 42nd Street West and Avenue N as Johnson made an illegal U-turn while talking on a cellular telephone, according to court testimony.
The three-week trial in front of Judge John Doyle in the North District Palmdale Courthouse ended Monday with the jury awarding the money to Jewett and his wife, Kati, said Lancaster attorney R. Rex Parris, who represented the couple.
"I'd rather have what I had before the accident -- I don't think that you can trade," Jewett said.
By Jewett's measures, he had it all as he drove his white 1991 Honda Prelude down 42nd Street West on March 9, 2002. He had a wife, 22- and 8-year-old sons and a house in Quartz Hill.
He also had a thriving career with the Los Angeles Police Department, where he was about to become part of a helicopter team after seven years of service, fulfilling a passion for flight that led him as far away as Rwanda to support a volunteer relief effort for a year.
At the same time, Kelly Johnson, then 16, was driving a white 2002 Ford Escape on Avenue N, heading to a friend's house as she talked to another friend on a cellular telephone.
Johnson made an illegal U-turn in front of Jewett, who drove into the right rear of the SUV, witnesses testified.
"She turned right in front of him; he had no chance," Parris said.
Jewett sustained knee injuries and a ruptured disc in his back. During the last 14 months, Jewett said, he has been in constant pain and has undergone three surgeries on his knee and injections to alleviate pain in his injured back. He has not been able to return to work, nor will he in the foreseeable future.
Johnson suffered no injuries in the crash and later apologized to Jewett, Parris said.
Seeking to recoup medical costs and lost wages for Jewett and to compensate for the couple's pain and suffering, Parris filed a lawsuit against Johnson and Antelope Valley Ford, owned by her father, Mike Johnson.
She was driving a company vehicle and talking on a company telephone at the time of the crash, Parris said.
Sixteen people, including Kelly Johnson, testified during the 12-day trial, which began May 12.
When Parris asked Johnson if she felt sorry for Jewett, she said she thought she was Jewett's "lottery ticket," Parris said.
Parris called several witnesses who testified to the dangers of talking on a cellular phone while driving and others who said Kelly Johnson made the illegal and ultimately unsafe turn.
Parris said he had to prove Kelly's father's business was at least partially liable for the collision because she was driving a company vehicle.
The jury deliberated for more than three hours before returning the judgment.
Jewett, 42, said he will spend some of the money on searching out better medical care because of his ongoing pain.
He may be forced to undergo another knee surgery and surgery on his back.
"It's been 14 months, and there's some times when I don't know if I can get through the day -- if there's a light at the end of the tunnel," Jewett said.
Despite his injury, Jewett said he did not blame Kelly Johnson for his problems.
Jewett said he hopes the case will enlighten people about the dangers of driving while using a cellular phone.
"It should shock some people," Jewett said. "It's amazing that no one was killed."
Kelly Johnson's attorney, Hugh Jeffrey Grant, said he had no comment about the verdict or judgment other than to call the award exorbitant.
Parris said the majority of the award will be paid through insurance.
Of the total award, $700,000 was awarded to Kati Jewett for loss of consortium, meaning the suffering caused to her by her husband's injuries, Parris said.
Parris said Grant offered a $25,000 settlement well before the case went to trial. During the trial he offered a settlement between $500,000 and $1.2 million.
Parris was asking for $10 million.
Calls to Mike Johnson at Antelope Valley Ford went unreturned late Monday.
In recent years, use of cellular phones on the road has become such a serious problem that a bill passed the California Assembly last week that would require people to talk only on hands-free cellular phones to avoid distractions from the road.
"Anything can be a distraction if you let it be," California Highway Patrol spokesman Tom Marshall said. "Driving is not a good time to practice your multi-tasking."
Marshall said the CHP does not take positions on legislation, but he said distracted drivers did represent about 11% of the more than 500,000 accidents reported in 2001 on California roadways.
The main source of distracted driving was cellular phone use.
About 900 accidents were caused by people using cellular phones in 2001, Marshall said, but cautioned the study may not be completely accurate because it was dependent on accurate reporting by the guilty drivers.
Although no cellular phone law now exists, if a CHP officer sees a distracted driver, it is up to the officer's discretion to issue a citation, Marshall said.
Well, she was sworn to tell the truth!
Ok, but $7.3 Million? Man, I ripped out the anterior cruciate ligaments in both my knees in the military. Had five reconstructive surgeries. They still aint the same. But I don't think they're worth $7 Million and the VA doesn't think so either.
Hmmm. Maybe I'm just undervaluing?
That equals 55,000 "distracted driving accidents"
The main source of distracted driving was cellular phone use....
OK
About 900 accidents were caused by people using cellular phones in 2001...
900 Cell Phone Accidents = 1.6% of 55,000
Somebody help me with my math???
Maybe fast food drive throughs should be outlawed. Plus open maps. Don't forget changing the channel on the radio or swapping CDs in the player.
The cell phone did not cause the accident, the idiot talking on it did. Someone who would make an illegal u-turn in an intersection, without even checking for other traffic, is probably a lousy driver even without the phone.
Whaddayaknow, the kid gets it.
By the way, I heard the NTSC issued a report yesterday recommending that all States pass laws against younger drivers (learning permit types, I suppose) using non-hands free cell phones. Of course, the Feds will start tying highway funds to it for the States that don't comply.
Of the total award, $700,000 was awarded to Kati Jewett for loss of consortium, meaning the suffering caused to her by her husband's injuries, Parris said.
That will cover his wife's lack of nookie, and he can get a new car.
That must have been one heck of a fast U-turn for Jewett not to see it coming. Was he distracted himself? I could see a broadside or t-bone happening in an instant, but to not see an SUV make a complete u-turn?
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