The National Trial Lawyers
  • Home
    • Meet Our Team
    • Contact Us
    • Mission & Goals
    • FAQ
  • Webinars
  • News
  • Membership Directory
    • Top 100 Map – Civil Plaintiff
    • Top 100 Map – Criminal Defense
    • Top 40 Under 40 Map – Civil Plaintiff
    • Top 40 Under 40 Map – Criminal Defense
  • Top 100
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Benefits
    • About
    • Top 100 President’s Message
    • Diplomat
    • Membership Renewal
    • Member Profile Updates
    • Top 100 Badge
    • Media
  • Top 40
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Top 40 Under 40 Trial Academy Bootcamp
    • Benefits
    • About
    • Top 40 President’s Message
    • Membership Renewal
    • Member Profile Updates
    • Top 40 Badge
    • Media
  • Specialty Assoc
    • About
    • Shop
    • Officers
    • Membership Renewal
    • Member Profile Updates
    • Media
  • Nominate
    • Top 100
    • Top 40
    • Specialty Association
    • Trial Lawyer Hall of Fame
    • Trial Lawyer of the Year
    • Trial Team of the Year
    • America’s Most Influential Trial Lawyer
    • America’s Most Influential Law Firm
    • Lifetime Achievement Award
  • Shop
  • Magazine
    • A-List
  • Education and Networking Agenda
    • Trial Lawyers Summit
      • Summit Sponsors
    • Top 40 Under 40 Trial Academy Boot Camp
    • Mass Torts Made Perfect
    • The Lanier Master Class 5.0 Trial Academy 2021
    • Webinars
  • Hall of Fame
    • Trial Lawyer Hall of Fame

Government to Pay $5.4M to Recording Artist in Career-Ending Motorcycle Crash

Posted on July 2, 2014 by Larry Bodine

motorcycle crashA judge in San Diego awarded $5.4 million in damages against the US government and in favor of a motorcyclist, whose severe injuries in a collision with an on-duty U.S. Border Patrol agent ended his music recording career.

After a four-day trial, US District Court Judge Larry H. Burns of the Southern District of California, awarded over $6.3 million on July 20, 2014 to John B. Hendrickson of Chula Vista, CA. The judge apportioned fault 85% to the U.S. Government and 15% to Hendrickson, for a net verdict of nearly $5.4 million.

Attorneys Robert J. Francavilla and Angela Jae Chun of CaseyGerry in San Diego represented Hendrickson, a 50-year-old recording engineer, in a personal injury action under the Federal Tort Claims Act for a collision caused by Border Patrol agent Ryan Moore on Otay Mountain Truck Trail in August 2009.

The government denied that the border patrol agent did anything wrong. Instead, it alleged that Hendrickson caused the crash by operating his motorcycle too fast and for his position on the roadway, which is essentially a single lane.

Zero offer heading into trial

 

“During the five years of litigation leading up to the trial, the government denied responsibility for Hendrickson’s injuries and refused to engage in settlement negotiations,” Francavilla said. “There was a zero offer heading into trial, and we are pleased justice has been served after all these years. The verdict acknowledges the responsibility the government has to do its job safely and protect the public.”

According to Francavilla, the crash happened at 3:45 PM on an unpaved mountain road with multiple blind turns and unprotected drop-offs. Border patrol agent Moore, who was on patrol, was driving a government-issued Chevy Silverado westbound toward Hendrickson, who was riding his motorcycle in the opposite direction.

Moore sped through a 90-degree blind turn on a narrow road and collided with Hendrickson, who was approaching the curve on the other side, throwing him off his motorcycle and causing debilitating injuries. “As a result of the collision, my client’s severely broken leg ultimately had to be amputated,” Francavilla said.

“Based on the evidence, the judge determined that Moore was the major cause of the collision, as he was operating his vehicle at a speed too fast for the conditions and failed to yield the right of way,” Francavilla explained.

Injuries end recording career

 

John Hendrickson is a gifted recording engineer with a unique talent for having perfect pitch.  He worked at Capitol Records with well-known artists such as Foo Fighters, Diana Krall and Nat King Cole.

His injuries have gravely affected him – he can no longer participate in his life passions of motorcycling with friends, hiking trails and recording music.

Hendrickson continues to suffer from debilitating chronic migraines that leave him bedridden for up to 3-4 days a week and suffers pain in his residual leg, phantom pain, fatigue, lack of stamina, neuroma pain on the lateral side of his stump, post-traumatic arthritis in his left knee.  His limitations prevent him from performing many daily chores and activities of daily living, including yard work, vacuuming, sweeping, carrying multiple items at one time, climbing stairs. He will require life long future care, including extended therapy, in-home med assistance and housekeeping assistance.

“This verdict sends a clear message that motorcycle riders have a right to safety on our roads too; and that if any driver — whether an individual citizen or a representative of the federal government — carelessly injures a rider, that driver will be held accountable.”

Hendrickson, a longtime motorcyclist, is eager to raise awareness about motorcycle safety and has underscored the importance of watching out for bikers when on the road, especially as increasing numbers of people ride motorcycles. “Motorists should always look out for motorcyclists and give them plenty of extra room — as even a minor collision with a motorcycle can have devastating consequence,” Hendrickson said.

This is the second time in six months that CaseyGerry has prevailed against the U.S. government on behalf of a motorcyclist. In both cases, the government denied any responsibility.

Posted in Auto Accidents, Blog

Comments are closed.

News Categories

Subscribe to Blog and VFJ via Email

Enter your email address to subscribe to this blog, the Voice for Justice and receive notifications of new posts by email.

Read about other Top Jury Verdicts

Santa Fe Agrees To a $36M Settlement With the Firms Responsible For Constructing Its Water Project

Santa Fe Agrees To a $36M Settlement With the Firms Responsible For Constructing Its Water Project

The board of the Santa Fe city and county’s joint Buckman Direct Diversion agreed to a $36 million settlement last wee[Read More...]
Health Net Repaid $97.2M To Settle an Investigation Confirming It Over-Billed the U.S. For Veterans Care

Health Net Repaid $97.2M To Settle an Investigation Confirming It Over-Billed the U.S. For Veterans Care

A Rancho Cordova health insurance company has repaid $97.2 million to settle an investigation into inflated claims submitted [Read More...]
Sessions at the 2021 Trial Lawyers Summit

Sessions at the 2021 Trial Lawyers Summit

On May 4 - 7, 2021, The National Trial Lawyers will present the 10th annual Trial Lawyers Summit, hosted at the Loews Mi[Read More...]
The U.S. Settles the 1800s Land Grabs With the Pembina Band of Chippewas for $59M

The U.S. Settles the 1800s Land Grabs With the Pembina Band of Chippewas for $59M

FARGO — A delegation that negotiated a treaty to obtain a large swath of the Red River Valley from the Ojibwe showed u[Read More...]
A Settlement With the Department of Agriculture Will Bring $715M in Food Stamps To Pennsylvania Households

A Settlement With the Department of Agriculture Will Bring $715M in Food Stamps To Pennsylvania Households

(Pittsburgh) — A legal settlement between the U.S. Department of Agriculture and two Pennsylvania women who are food st[Read More...]

#LegalNews

@@TheNTLtop100

Contact Us | Terms of Use | Privacy Policy

Attorney information and content provided on this website is provided for the benefit of members of The National Trial Lawyers and as a public service by Legal Associations Management, Inc. The website and all data are the property of Legal Associations Management, Inc. Data, including without limitation attorney information and content, on the site may not be mined, sold, or used commercially for any purpose without the explicit written consent of Legal Associations Management, Inc. This site may not be accessed by any automated program for extracting data for any use. By accessing and using the site you agree that you will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology) to scrape data or otherwise copy profiles and other data. Unauthorized use or attempted unauthorized use of this system may subject you to both civil and criminal penalties.