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Joan Ruch v. Donald Ray Clawson

Date: 05-26-2007

Case Number: Unknown

Judge: Lawrence Martin

Court: Circuit Court, Collier County, Florida

Plaintiff's Attorney:







Randall Spivey of Bruce L Scheiner & Associates, Fort Myers, Florida

Defendant's Attorney:

Joseph Sette and Ron Buschbom of Conroy Simberg Ganon Krevans & Abel PA, Fort Myers, Florida

Description:

Joan Ruch, age 61, sued Donald Ray Clawson, age 69, on a negligence theory claiming that defendant, while intoxicated, caused a multi-car accident in which she was severly injured on May 4, 2004. Ruch suffered a herniated disk and connective tissue damage and now suffers from chronic headaches. Clawson's blood-alcohol content was less than the 0.08 percent required to prove DUI.



Defendant sought to minimize Ruch's injuries, calling them neck strain, and noting it didn't prevent Ruch from continuing to work if she wanted. Clawson admitted he was drunk, had passed out and didn't remember the crash.





Outcome:
the compensatory verdict was $180,000.
Plaintiff's Experts:
Unknown
Defendant's Experts:
Unknown
Comments:
Editor's Note: Defendant's insurance company's highest offer to settle before trial was $18,000.00. Defending drunk drivers in civil cases can be very problematic for defense counsel.



The defendants admitted liability, admitted the defendant was DUI and the plaintiff was entitled to punitive damages. The trial was only on damages. Plaintiff sought a total of 5.1 million dollars in compensatory damages but the jury awarded her only 180,066. The trial was bifurcated and the jury awarded 52,800 punitive damages as this was the defendant's fourth DUI.


About This Case

What was the outcome of Joan Ruch v. Donald Ray Clawson?

The outcome was: the compensatory verdict was $180,000.

Which court heard Joan Ruch v. Donald Ray Clawson?

This case was heard in Circuit Court, Collier County, Florida, FL. The presiding judge was Lawrence Martin.

Who were the attorneys in Joan Ruch v. Donald Ray Clawson?

Plaintiff's attorney: Randall Spivey of Bruce L Scheiner & Associates, Fort Myers, Florida. Defendant's attorney: Joseph Sette and Ron Buschbom of Conroy Simberg Ganon Krevans & Abel PA, Fort Myers, Florida.

When was Joan Ruch v. Donald Ray Clawson decided?

This case was decided on May 26, 2007.