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Motorcyclist sues Carolina Cargo Company after being involved in an accident at an intersection in Salinas, California, winning $536,000

Accident Type: 
Motorcycle Accident
Incident Date: 
Thursday, July 13, 2006
Result Date: 
Thursday, April 15, 2010
Monetary Result: 
$536,000
  On July 13, 2006, Michael Hull, a 56-year-old general contractor, was stopped on his motorcycle at an intersection in Salinas, California, when he was involved in a collision with an SUV driven by Maria Ramirez and a tractor-trailer owned by Carolina Cargo, Inc. of Rock Hill, South Carolina. Hull suffered torn rotator cuffs in both of his shoulders, requiring two surgeries to repar. He claimed that his injuries left him permanently unable to raise his dominant right arm above his shoulder, and that because of this, he will be unable to return to his job as a contractor. Hull decided to sue Carolina Cargo, its owner Regina Wood, and Maria Ramirez. He and his lawyers claimed that the truck cut the corner while making a turn, striking a van stopped in front of his motorcycle and dragging Ramirez's SUV backwards, knocking him off of his motorcycle. Ramirez was dismissed from the trial by Hull and his lawyers before the trial. Carolina Cargo and Wood, however, argued that the truck never left its lane of travel. They also argued that Hull would be able to recover from his injury and that he would be able to return to his work in the future. In the end, the jury sided with Hull and his lawyers. He was awarded $536,000 for his medical expenses and lost wages.

Motorcyclist's lawyers win his case after he was involved in accident with a commercial truck, sustaining torn ligaments

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, January 24, 2006
Result Date: 
Tuesday, January 13, 2009
Monetary Result: 
$705,297
  On January 24, 2006, 46-year-old ironworker James Jaworowski was riding his motorcycle on Bosworth Street in San Francisco, California when he was struck by a Mitchell Engineering truck driven by Finbar James Brody. As Jaworowski was riding his motorcycle in the right lane, Brody changed intersections, resulting in the collision between the vehicles. In the accident, Jawarowski suffered several ligament tears, requiring him to undergo physical therapy resulting in one year of missed work. He claimed to have ongoing pain following the accident. Jawarowski decided to sue Brody and his employer. He and his lawyers argued that Brody failed to yield the right of way to Jawarowski. To these ends, Brody testified that he did not look in two of his three mirrors while changing lanes. Brody and his attorneys contended, however, that Jawarowski was speeding the time of the accident. In the end, the jury ruled in favor of Jawarowski, awarding him $705,297.32. He was found 15% liable, however. After reducing the award due to his liability and adjusting for the amount actually paid to his health care provider, he was awarded $530,874.57.

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 Accident
Incident Date: 
Wednesday, August 11, 2004
Result Date: 
Tuesday, February 24, 2009
Monetary Result: 
$890,000
  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.

Motorcyclist's lawyers win his case after colliding with a driver who ran a red light

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, September 1, 1999
Result Date: 
Friday, July 22, 2005
Monetary Result: 
$650,000
  On September 1, 1999, Gregory Gumm was riding his motorcycle in Palm Springs, California on Alejo Avenue, approaching the intersection of Farrell Avenue. When he was about 100 feet from the intersection the light changed from red to green. Gumm stopped slowing down and began accelerating. He observed a white SUV that was proceeding on Alejo Avenue through the intersection of Farrell Avenue in the opposite direction from him. Once the SUV was into the intersection, Gumm saw another vehicle coming into the intersection against the light. Le Kim Phung, the defendant in this case, was driving south on Farrell Avenue and approached the intersection of Alejo Avenue, where she ran the red light. Due to the close proximity of Gumm and his motorcycle to the intersection, and in an effort to avoid the accident, he downshifted and put on his brakes. The motorcycle started to go down on the right and then uprighted and went down on the left and slid some 53 feet to the intersection. Gumm suffered a fracture of his left femur close to the area of his prosthetic left hip. He was hospitalized for 33 days and in traction immediately after the accident in an effort to heal the fracture. He was hospitalized a second time for five days for fever and pain in his left leg. On December 24, 1999, plaintiff was re­admitted to Desert Hospital with pain and fever, diagnosed as an infection in his left hip. His hip was removed, and he remained hospitalized until February 2000. He went on to have seven other surgeries in 2000 for infection of the hip, including several irrigations and debridements of the bone and tissue. For a period of more than eight months, he suffered with a large open wound in the hip that had to be cleaned and dressed several times a day. At present, Gumm has lost his left hip and is unable to bear weight on his left leg. Due to his debilitating injuries, Gumm filed a peronal injury lawsuit against Phung. In addition, both parties filed a separate suit against his doctor based on the failure to treat the hip infection in a timely fashion. The two people in the white SUV witnessed the accident. The driver was Rob Parkins, City Manager for the City of Palm Springs. Mr. Parkins testified under oath, and also reported to the police at the accident site, that he observed the motorcycle skidding and observed that the light for the motorcycle was green in Gumm's direction of traffic at the time he was trying to avoid the accident with Phung's car. The passenger in the SUV, City Attorney David Aleshire, testified that he saw the motorcyclist do everything he could to avoid colliding with defendant’s car. The accident scene was investigated by Civilian Safety Officer, Jerry Poss. Officer Poss had more than 20 years of traffic investigation experience at the time of the accident. Officer Poss interviewed both parties, and witness Parkins at the scene of the accident. He also measured the gouge marks and made a diagram of the scene. Officer Poss believed that Phung had run the red light and Gumm had attempted to stop his motorcycle to avoid broadsiding the Phung car by braking, resulting in the motorcycle laying down. Several attempts were made to settle the case against Phung out of court. Her insurance provider, however, refused to settle within the policy limits in a timely fashion. There were three mediations, however Phung and her insurance carrier only offered her policy limits of $100,000. In the end, the jury sided with Gumm and his attorneys, awarding him $650,000. He was, however, found to be 30% liable in the accident.  

Motorcyclist and his lawyers win his case against Saudi Arabian Airlines and Budget Rent-a-Car after he suffers severe injuries, awarding him $984,524

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, January 26, 1993
Result Date: 
Friday, March 3, 1995
Monetary Result: 
$984,254
  On January 26, 1993, John Randolph was riding his motorcycle west on the Pacific Coast Highway in the right lane. Fahad Abdullah Maghrabi, an employee of Saudi Arabian Airlines, was stopped on Corral Canyon waiting to turn onto the highway to drive east. According to a police report, Maghrabi, who was driving a rental car from Budget Rent-A-Car, did not see Randolph coming and proceeded into the highway, causing a collision between Randolph's motorcycle and his car. The police report stated that Maghrabi was at fault due to his failure to yield to oncoming traffic. As a result of the accident Randolph suffered extensive injuries. He suffered severe injuries to his left knee that ultimately lead to an artificial knee replacement. He additionally suffered injuries his pelvis, leading to sexual dysfunction. Randolph and his wife, Johanne Randolph, sued Maghrabi's employer, Saudi Arabian Airlines, and Budget Rent-a-Car for motor vehicle negligence, as Maghrabi failed to yield to traffic. He sued due to his expenses and lost wages resulting from his injuries, and his wife sued due to the loss of a spousal relationship (loss of consortium) with her husband. The defending parties' lawyers admitted that Maghrabi was negligent, and that Randolph did not contribute to the cause of the accident. The court ruled that since Maghrabi was doing an assignment from his employer and that he was the driver permitted to use the rented vehicle, that his employer Saudi Arabian Airlines was liable for the injuries and other damages that resulted from his negligence. Both side's lawyers brought expert medical witnesses to the stand. The court found that Randolph's doctors provided more compelling testimony. Randolphs lawyers' brought his primary care doctor, who had treated him for nine years, to the stand, stating that his injuries were sustained in the accident. The defendants' doctor, who had only seen Randolph in one visit, argued otherwise. The court found that Randolph's expert medical witness' testimony was more compelling than that of the defendants'. Ultimately the court sided with the Randolphs, awarding them $984,254. Saudi Arabian Airlines was liable for a total of $914,254 to John Randolph. Budget's maximum liability of $15,000 was also awarded to him. The loss of consortium to his wife, Johanne Randolph, was aportioned at $55,000, $40,000 of liability from Saudi Ariabian Airlines, and $15,000 from Budget. John Randolph was found by the court to be entitled to $164,254 of special damages, including $115,646 for past medical expenses, $33,750 for future medical expenses, $8,858 for past income, and $6,000 for future income. He was also found to be entitled to $750,000 for general damages, including $200,000 for past sexual dysfunction and $50,000 for future sexual dysfunction. This total also included $300,000 for past pain and suffering, $150,000 for future pain and suffering associated with the knee replacement. and $50,000 for other future pain and suffering. The award of $40,000 general damages to his wife consisted of $30,000 for past lost consortium, and $10,000 for future lost consortium.

Los Angeles jury awards motorcyclist after he suffers injuries in an accident with a dump truck

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, May 1, 1990
Result Date: 
Monday, May 18, 1992
Monetary Result: 
$658,784
  Hugh Juarez, a 30-year-old machine operator was riding his motorcycle in the right lane in Los Angeles, California in May, 1990 when he was struck by a dump truck making a right turn from the left lane next to Juarez. He sustained injuries in the accident, including a fractured tibia, fibula, and a spinal injury. At the time, Inocencio Heredia, the dump truck driver, was on the job for Jimmy King Trucking, a contractor at a nearby construction site. Juarez decided to hire an attorney and sue the dump truck driver and his employer. After the accident, however, Heredia disappeared. Jimmy King Trucking therefore represented the sole defendant at the stand during the trial. They alleged that Heredia was not on the job at the time, and that he was buying auto parts for his personal vehicle. In the end, the jury sided with Juarez and his lawyers, awarding him $658,784.17.

Deceased motorcyclist's parents and their lawyers win their case against a laundry company after one of their drivers struck and killed their son

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, February 1, 1988
Result Date: 
Saturday, December 1, 1990
Monetary Result: 
$850,000

Mr. Martin, a 23-year-old airline baggage clerk was riding his motorcycle in February, 1988 when it collided with a laundry delivery truck owned by Peerless Laundry making a left turn into Martin's path. Mr. Martin died as a result of the accident.

Martin's parents decided to sue the laundry company for the wrongful death of their son. During the trial, it was revealed that the driver at the time was actually an accounts-payable clerk who happened to be filling in as a driver that day. Martin's parents and their lawyers argued that the laundry company was negligent in using an untrained employee as a driver, and that the driver was searching for an address at the time of the accident. They produced witnesses that stated that their son was driving within the speed limit with his headlight on at the time of the crash.

The dendant laundry company contended that the driver was not negligent. They argued that Martin was driving over 100 MPH at the time of the crash without his headlight on.

In the end, the jury sided with Martin's parents and their lawyers, awarding them $850,000.