Our client was working for the Ramsey County Construction Department driving a "peanut roller." It is a large machine, yellow in color, with two round drums that are driven over freshly laid asphalt to help flatten and smooth the asphalt. Our client was operating the peanut roller at an intersection in Roseville. In addition to the yellow peanut roller, our client was wearing a fluorescent yellow safety vest and there were numerous orange cones, other construction equipment and a flashing yellow sign in the area.

The defendant driver was traveling westbound. Despite all of the obvious construction equipment and bright-colored safety vest and cones, the driver drifted to the right, lost control of his vehicle, and collided directly with the peanut roller that our client was seated on. The force of the impact threw our client off of the peanut roller to the ground, where he ended up laying in hot asphalt. Witnesses to the collision indicate that the driver was traveling approximately 40 mph at the time of the impact and did not even attempt to brake before hitting our client.

Even though it was a Monday morning, the driver's blood alcohol level was tested and measured a 0.31, almost four times over the legal limit. In addition, witnesses stated that he was talking on his cell phone at the time of this collision. He was arrested and charged with DUI.

Our client suffered serious and permanent injuries as a result of this accident. He suffers pain in his hip and still walks with a limp. He is no longer able to enjoy his previous hobbies of motorcycle riding, camping and fishing without an increase in pain.

Paul Downes settled this case for $100,000; the policy limits for the other driver's insurance coverage.