SAN DIEGO (October 17, 2022) – Marking the largest individual personal injury settlement of a motor vehicle collision case against the U.S. government in the history of the U.S. District Court for the Southern District of California, CaseyGerry partners Robert J. Francavilla and Adam B. Levine have resolved a milestone auto accident case for $10.8 million.
Francavilla and Levine represented plaintiff Peter Arthur, a former biomedical technician and San Diego resident who suffered multiple serious injuries – including a leg amputation – following a multi-vehicle collision in National City, Calif., just south of San Diego.
According to Francavilla, the collision occurred on September 13, 2019, after a large Navy-owned Chevy van – operated by a U.S. Navy servicemember driving with three passengers – swerved, causing a sequence of collisions that resulted in Arthur being ejected from his vehicle at freeway speeds, causing severe, permanent and life altering injuries.
“The enlisted Navy member suddenly swerved, causing numerous vehicles to crash into each other, including a motorcycle operated by our client, Peter Arthur, who was following the vehicles, and as a result was ejected from his motorcycle,” Francavilla said. “A 20-year U.S. Navy veteran himself, Peter was riding his Harley Davidson in the number one lane when the crash occurred. The U.S. government denied any responsibility, claiming a ‘phantom’ vehicle had veered in front of the Navy van.”
Francavilla said the lawsuit was filed by CaseyGerry on September 1, 2020, against the U.S. government in federal court.
“Depositions were taken from everyone involved, including a critical deposition of a witness who initially claimed to have seen a ‘phantom’ vehicle swerve in front of the Navy vehicle – however the testimony failed to demonstrate that this phantom vehicle caused the collision, or even existed,” Francavilla said. “After extensive discovery and mediation, the case settled pre-trial – marking a record-breaking settlement in San Diego against the U.S. government.”
Headquartered at 110 Laurel St. in the Banker’s Hill neighborhood of San Diego, CaseyGerry was established in 1947 and is the oldest plaintiffs’ law firm in San Diego. The firm’s attorneys practice in numerous areas, including serious personal injury, automobile, maritime, trucking, aviation, product liability, sexual abuse, and class actions.