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Motorcyclist's lawyers win his case after being involved in an accident with a pickup truck in San Bernardino, California, sustaining a brain injury
Accident Type:
Motorcycle AccidentIncident Date:
Friday, July 20, 2007Result Date:
Tuesday, June 16, 2009Monetary Result:
$556,371Topics:
On July 20, 2007, Kiven Dawson, a 46-year-old truck driver, was riding his motorcycle north on Meridian Avenue in San Bernardino, California when he struck a pickup truck driven by Norma Ortiz. Although he does not have memory of the accident due to a brain injury he sustained as a result, based on his police report, he claims that Ortiz was driving southbound when she made a left hand turn in his ath, resulting in the accident.
Dawson decided to sue Ortiz, and the owner of her vehicle, Alfonso Torres for negligent driving.
Ortiz and Torres argued that Dawson was inattentive. A biomechanics expert brought fourth by their lawyers testified that he believed Dawson was speeding and could have avoided the accident had he been operating the bike at an appropriate speed.
Dawson claimed that he sustained permanent disability, rendering him unable to work in his profession, which was a claim disputed by Ortiz and Torres' lawyers.
The jury ultimately ruled in favor of Dawson, finding Ortiz and Torres 100% liable. He was awarded $556,371.
Motorcyclist's lawyers win his case after he sustained injuries as a result of an accident with a pickup truck in Riverside, California
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, August 11, 2004Result Date:
Tuesday, February 24, 2009Monetary Result:
$890,000Topics:
On August 11, 2004 Daniel McGettigan, a 40-year-old service manager for a car dealership, was riding his motorcycle when he crashed into a truck that Raul Nunez, a salesperson for I-10 Toyota, was showing to prospective customers. Nunez was turning the truck left onto the roadway that McGettigan was driving on, resulting in the accident. McGettigan was driven to an emergency room, where he was found to have multiple contusions. Subsequent MRI's showed problems in the lumbar spine and cervical discs. He underwent extensive physical therapy, chriopractic treatment, and pain control therapy. He claiemd to have a consistent burning pain and tenderness in his back, which was disabling.
McGettigan decided to sue Nunez, I-10 Toyota, and its parent company, C&M Motors, LLC. He argued that Nunez was negligent in driving the vehicle, and that his employers were liable.
Nunez claimed that he had stopped in the westbound lane of the roadway, and that McGettigan should have seen him and avoided the collision.
McGettigan claimed to have a brain injury which resulted in depression and aberrant behavior. His wife left him shortly after the accident, and settled a loss of consortium claim for $12,500.
Utlimately, the jury sided with McGettigan and his lawyers, awarding him $890,000. Nunez and his employers were found 100% liable.
Los Angeles trucker and his lawyers win their case against Dart International company after he suffers brain damage from faulty equipment
Accident Type:
Truck AccidentIncident Date:
Tuesday, July 11, 1995Result Date:
Wednesday, June 3, 1998Monetary Result:
$1,197,885Topics:
Independent trucker Roberto Tinajero, 52, was doing some extra work at approximately 4:45 PM on July 11, 1995 at the Marine Terminal of Heinz Pet Food on Terminal Island in Los Angeles, California. He was driving a 1984 Ford tractor trailer with a modified fifth wheel to allow rapid connections and disconnections of the chassis. He forgot to disconnect one of two air hoses and drove away. The hose and metal fitting separated from the parked trailer, which forcefully recoiled through the unguarded rear window, striking him in the head. Tinajero subsequently suffered a depressed skull fracture, inflicting mild to moderate brain damage.
Roberto Tinajero decided to sue the company that constructed the truck, Dart International, for personal injury. He and his lawyers argued that the truck was defective because it lacked a rear-window barrier guard. They argued that the company was responsible for the defective product as they negligently manufactured this unsafe equipment and did not take steps to add the necessary safety equipment. They further clamed that Heinz Pet Food negligently allowed the unsafe truck to be used at its terminal facility in violation of customs in the industry.
The companies' lawyers argued against Tinajero, coldly claiming that the product which injured him was not defective because he was involved in an accident that was "not forseeable." In addition, they contended that they were not responsible because of the truck's modification, which they did not manufacture or install. They discounted their responsibility, stating that the sole cause of Tinajero's serious accident was his own negligence.
In the end, the jury sided with Tinajero and his lawyers, awarding him $1,197,885. This amount was reduced to $898,414, however, as he was found 25% liable. This amount was composed of $56,000 of medical expenses, $150,000 of lost income, and $650,000 lost earning capacity.
Motorcycle passenger's lawyers win suit, awarding the passenger $1,000,000 and finding the city of Coachella negligent in its placement of a wall at an intersection
Accident Type:
Motorcycle AccidentResult Date:
Sunday, February 1, 1981Monetary Result:
$1,000,000Topics:
Mr. Zamarripa, a 17-year-old youth, sustained severe brain damage, including spastic paralysis and a speech impediment when the motorcycle he was riding as a passenger crashed into a van at an intersection. Zamarripa claimed that a five foot high wall on the Union Oil company’s property caused his stepfather, who was driving the motorcycle, to be unable to see on-coming cars at the intersection. Zamarripa sued the city of Coachella for negligently placing the wall.
The defending oil company denied this claim and argued that the wall had nothing to do with the accident which took place 86 feet past the intersection.
The verdict was in favor of Zamarripa, who recieved $1,000,000 damages. It was judged, however, that only the city, and not the oil company, were responsible for the placement of the wall.