alcohol when he struck the wild pigs. A test found that the plaintiff had a blood-alcohol level of more than .10 after the crash, but the jury concluded that was not a major factor in the crash. In most bike accident cases, the jury has to determine who was negligent, and whether that negligence (or lack of reasonable care under the circumstances) was a proximate cause of the crash and brain, spine and head injuries.
Plaintiff’s counsel argued that the state knew the pigs were crossing the road to feed on vegetation in a nearby environmental restoration project. The state later put up a pig-crossing sign and used hunters to help control the pig population. Plaintiff’s counsel argued the cyclist’s crash with the animals was foreseeable, contending that the Defendant was liable because the state created the dangerous situation. Then, once the defendant’s employees created this dangerous situation, and saw what was happening, they did nothing to stop, resulting in the plaintiff’s permanent disability and injuries.
Most of the $8.6 million award will go toward the plaintiff cyclist’s medical bills. The injured plaintiff requires around-the-clock care and will not walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle. The verdict will help to ensure a lifetime of medical treatment. The injured motorcyclist’s wife was awarded $500,000 for “loss of consortium.”