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Motorcyclist's lawyers win his case after being injured in a head-on accident with a pickup truck
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, July 21, 2007Result Date:
Thursday, October 28, 2010Monetary Result:
$850,100Topics:
On July 21, 2007, at 10:40 a.m., Len Briese was riding his motorcycle west on Scotts Valley Road, east of Laurel Dell in an unincorporated Lake County, California. William James Tilley, a resident of Oklahoma, was driving his pickup truck with a trailer east on Scotts Valley Road and collided with plaintiff’s motorcycle. Tilley said he crossed over the center line in a curve and sideswiped Briese on his motorcycle.
As a result of the accident, Briese suffered a leg fracture, a degloving injury to knee and had to receive knee replacement surgery.
Briese sued Tilley for his negligence in causing the accident. Tilley did not contend that Briese had any fault in the accident. There were two attempts to mediate a settlement to the accident, however an agreement over the damages was not reached, and therefore the case went to court. In the end, Briese and his attorneys won, receiving an award of $850,100.
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 AccidentIncident Date:
Tuesday, January 26, 1993Result Date:
Friday, March 3, 1995Monetary Result:
$984,254Topics:
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.