Advanced Search

  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.  

  Mr. Baeza, a 25-year-old carpenter, was driving his motorcycle through an intersection where he had right-of-way when a pickup truck driven by Mr. Ortiz drove through his stop sign, striking Mr. Baeza's motorcycle. As a result of the accident, Mr. Baeza suffered multiple skull and facial fractures, resulting in brain damage and personality disorder, loss of the sense of smell, and loss of vision in the right eye; fractures of both forearms, resulting in limited motion to both wrists; and an injury to the testicles. Due to his severe injuries, Mr. Baeza and his lawyers decided to sue both Mr. Ortiz, and the company that had changed his motorcycle's rear tire and brake pads three days before the incident, USS Enterprises. He argued that Mr. Ortiz had neglected his right-of-way when he drove through the stop sign into his lane. Mr. Ortiz had no insurance and was dismissed from the trial. USS Enterprises and their attorneys admitted that the rear break was not working at the time of the accident, however they argued that Mr. Baeza was speeding and would not have been able to avoid the pickup even if the rear breaks had been working. In the end, Mr. Baeza and his lawyers had won their case, winning an award of $929,000. He was found, however, to be 35% negligent, and Mr. Ortiz, who was dismissed from the trial was found to be 60% negligent, and USS Enterprises was found 5% negligent. Therefore the total award was reduced to $154,000.

On July 10, 1982, at 11: 20 p.m.Sharon Crigger, a 36-year-old federal crop insurance adjuster with the Department of Agriculture, was riding as a passenger on the back of Kermit Johansson's motorcycle at Fruit and Ashlan Avenue. Ms. Crigger and Mr. Johansson were driving west on Ashlan when Patrick McHatton was traveling in a southbound direction on Fruit Avenue. The two vehicles collided with each other at the intersection controlled by light signals. Both drivers argued that they had the green light. Ms. Crigger was severely injured. She sustained several pelvic fractures, requiring 50 units of blood. She also suffered nerve injuries to her right leg and right arm, including her right shoulder, leaving her with residual dysfunction of the deltoid and triceps muscles of the right arm, which restricts her from strenuous activity, and in her work. She was in intensive care for nine days, and in the hospital for two months. She subsequently sued both Mr. Johansson and Mr. McHatton for their individual roles in causing the accident. Crigger had been dating Johansson for about a year prior to the accident, and they had been on a river rafting outing early that day. All the people involved consumed alcoholic beverages that day, although no blood alcohol content was taken from Ms. Crigger, who could not remember the incident due to her injuries. Mr. McHatton was arrested for felony drunk driving. McHatton argued that he had consumed four or five beers during the hour prior to the accident, and that he was on his way home. He was intending to continue driving south on Fruit avenue at the intersection, and had the green light. Physical factors of the accident indicated that his account was inconsistent, however. It appeared that he was making a left hand turn, and, further, was traveling at 15 to 20 m.p.h. at the time of the accident. Mr. McHatton admitted he was partially at fault, but argued that Mr. Johansson was also negligent, and that Ms. Crigger was comparatively negligent for getting onto the motorcycle with an impaired driver. Defendant Johansson claimed that he was traveling at 35 m.p.h., and that he had the green light. He further argued that he had no notice of the other motor vehicle until he was some twenty feet from the intersection, which time he caught a glimpse of the other vehicle, and at that point he attempted to take evasive action and brake, but was unable to apply his brake prior to impacting the motor vehicle. Defendant Johannson denied any liability. Both the plaintiff and the defendant brought expert witnesses to the stand. An accident reconstructionist testified on behalf of Ms. Crigger, testifying that even if both of the vehicles had the green light, that Mr. Johannson could have taken evasive action, and should have been able to reduce the speed of his motorcycle from 35 m.p.h. to 22 m.p.h., based on normal reaction time, had he not been drunk. Mr. Blair stated that this reduction of speed would reduce the velocity of impact by 60%. Another expert witness testified that Mr. McHatton had a blood alcohol content of .015, and that level his perceptual abilities were impaired. The defendant's expert witness testified that in his opinion the accident was unavoidable, as there were obstructions at the intersection that kept both drivers from seeing each other. Ultimately, Ms. Crigger and her lawyers won the case for her, awarding her $558,352.32. It was found that Mr. McHatton was primarily at fault, although Mr. Johansson contributed to the accident.