Date: 10-17-2009

Case Style: Michael Nelsen v. Hillyard, Inc., et al.

Case Number: CIVSS 800884

Judge: Brian S. McCarville

Court: Superior Court, San Bernardino County, California

Plaintiff's Attorney: Brian J. Panish and Spencer R. Lucas, Panish, Shea & Boyle, L.L.P., Los Angeles, California

Defendant's Attorney:

Description: Michael Nelsen, age 29, sued Hillyard, Inc. on an auto negligence theory claiming that as a direct result of the failure to exercise due care on the part of a Hillyard truck driver, the car in which Nelsen was a passenger was rearended on August 17, 2007 and he was severely injured. Plaintiff claimed that he vehicle in which he was a passenger was traveling about 15 mph and was hit by the Hillyard vehicle, which was traveling an estimated 80 mph. Mr. Nelsen sustained numerous fractures, including a broken femur, and suffered a stroke resulting from blood clots that developed as a result of his injuries. The stroke resulted in permanent brain damage of 2/3 of the left side of his brain.

Mr. Nelsen, who had previously completed two tours in Iraq with the United
States Navy, was a talented and creative artist who was studying at the
California Art Institute at the time of the collision. As a result of his
devastating injuries, he will require 24-hour care for the remainder of his
life.

The defenses asserted by Defendants are not available.

Outcome: Plaintiff's verdict for $21 million.

Plaintiff's Experts:

Defendant's Experts:

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