Hawk v. Rosenstiehl

Case Background

Terry Hawk filed an auto negligence lawsuit against Charles Rosenstiehl following a motor vehicle accident at an intersection. Hawk was turning left, while the Defendant approached from the opposite direction on the shoulder. The crash aggravated Hawk’s prior shoulder injury and an L4 pars defect.

The case was filed in the Oregon Circuit Court, Grant County. Judge Mark Webb presided over the case. [Case number: 22-20688]

Cause

Terry Hawk, 58, was leaving work at Huntington Ingalls in Pascagoula. He drove on Hwy 617, preparing to turn left onto Hwy 619 at a busy intersection with a red light and multiple lanes. Hawk was in the left turn lane, where there was no protected green arrow, only a green light allowing traffic in both directions. Hawk noticed an oncoming pick-up truck driven by Charles Rosenstiehl, who was in the right turn lane, signaling a right turn. Given this, Hawk believed it was safe to make his left turn.

As Hawk began his turn, Rosenstiehl failed to turn right. Instead, he ignored the road markings guiding him into the right turn lane and struck Hawk’s truck. The impact was severe, causing Hawk’s truck to roll over. CCTV footage from a nearby Ingalls facility captured the incident.

Rosenstiehl’s version of events differed slightly. He claimed to have seen Hawk approaching and noticed Hawk’s truck inching into the left turn. In response, Rosenstiehl briefly moved into the right turn lane to avoid a potential collision. After Hawk’s brief “inching,” Rosenstiehl returned to his lane, only to be struck by Hawk’s truck, which had turned left in front of him.

Regardless of the differing accounts, a crash occurred.

Injury

After the crash, Hawk received treatment for bursitis in his shoulder, hip, neck, and lower back. Medical evidence showed the crash aggravated a previous rotator cuff injury, which had been surgically repaired. Additionally, the incident caused further damage to a pre-existing L-4 pars defect fracture. Dr. Donnis Harrison, an orthopedic specialist from Vancleave, treated Hawk. He believed the L-4 condition resulted from a combination of Hawk’s congenital condition and the rollover collision.

Damages

Hawk’s medical bills totaled $27,077. If Hawk succeeded in his lawsuit, he could recover these medical expenses along with compensation for pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Terry Hawk
    • Counsel for Plaintiff(s): Trace D. McRaney
  • Defendant(s): Charles Rosenstiehl
    • Counsel for Defendant(s): R. Jonathan Franco | Todd Farrar
    • Experts for Defendant(s): Eric Burson

Claims

In this lawsuit in Jackson County Court, Hawk sought damages from Rosenstiehl, who was insured by Progressive. Hawk aimed to recover his medical bills and compensation for pain and suffering. Hawk argued that Rosenstiehl, while in the oncoming turn lane, caused the collision by continuing straight.

Defense

Rosenstiehl defended the case by asserting that he had the right of way. He argued that Hawk failed to yield.

Expert Testimony

Rosenstiehl relied on accident expert Eric Burson, who criticized Hawk’s left turn.

Jury Verdict

The trial for the auto negligence lawsuit lasted over two days. On August 27, 2024, the jury returned a verdict, assigning 80% of the fault to Rosenstiehl and the remainder to Hawk. Hawk received $27,077 for medical expenses and an additional $73,000 for pain and suffering. The total verdict amounted to $100,077.

Court Documents:

Available upon request