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Motorcyclist found at fault after car rear-ends motorcycle

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, March 9, 2009
Result Date: 
Friday, June 8, 2012
Monetary Result: 
$1,187,500
J. Carmen Leopoldo Gasca Morales was driving his FT150 Italika motorcycle on Interstate 8 near Gila Bend, Ariz. March 9, 2009 at approximately 7:07 p.m. Lori Susan Cavenee, operating a 2004 Cadillac Escalade SUV on Interstate 8, allegedly made a sudden lane change and struck Morales from behind. The collision reportedly caused him to be ejected from his motorcycle onto the hood of the Escalade. Morales, however, claimed he was found 120 yards from the point of impact. Morales suffered multiple fractures and a closed head injury, and was air lifted from the accident site. Morales filed a vehicle negligence lawsuit against Lori and her spouse Mikkell Cavenee in the Maricopa County Superior Court. The plaintiff argued Lori failed to use reasonable care in the operation of her vehicle and breached her duty and caused the collision by making a sudden lane change at an excessive rate of speed for the conditions. He sought compensation for his injuries, $229,376.44 in medical expenses, lost wages, and pain and suffering. The defendants denied negligence. They also asserted the plaintiff failed to mitigate his damages, was travelling at an unreasonably low speed, and was not properly illuminated from the rear. The Cavenees also asserted the plaintiff failed to take reasonable steps to pursue employment since the accident. A jury returned a verdict June 18, 2012. The panel awarded the plaintiff $1,187,500. It was determined that the plaintiff was 60 percent at fault and defendant Lori Cavenee was 40 percent at fault. The court entered judgment awarding the plaintiff $475,000 pursuant to the fault apportionment.

Motorcyclist awarded damages for serious injuries after accident with a truck and a car

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, May 28, 2008
Result Date: 
Friday, July 9, 2010
Monetary Result: 
$1,162,022
On May 28, 2008 Eddie Trujillo was operating his motorcycle south in the high occupancy vehicle lane on Interstate 405 in Bellevue, WA. At the same time, Martin Vasquez was driving a 1999 Century Freightliner Truck owned by his employer Esparza Truck Inc. in the fast lane adjacent to Trujillo. Vasquez then collided with a Kia to his right operated by Dakoda Rooney. The impact of the collision resulted in the Kia to spinning out of control. Vasquez then broadsided the Kia a second time, propelling it into Trujillo's lane. His motorcycle then crashed into Rooney’s Kia. Trujillo’s motorcycle was totaled in the collision. Vasquez was cited for an unsafe lane change, failure to keep right, and defective brake adjustment. Trujillo claimed he sustained a flail chest, fractured clavicle, post-­traumatic stress disorder, and brain injury as a result of the collision. Trujillo and his wife, Yolanda Trujillo, filed a vehicle negligence lawsuit against Esparza Truck, Vasquez and his wife, Constantina Mandujano, and Rooney and her husband, Bryant Rooney in the King County Superior Court. In their first amended complaint, the plaintiff alleged Vasquez and Dakoda caused the accident by negligently changing lanes. The Trujillos claimed Vasquez was negligent because he failed to drive his truck in the right hand lane. The Trujillos claimed Vasquez acted within the scope of his employment, rendering Esparza Truck liable under the doctrine of respondeat superior. The plaintiffs sought damages for Eddie’s injuries, almost $50,000 in medical expenses, pain and suffering, loss of enjoyment of life, over $440,000 in lost wages and employment benefits, impairment of earning capacity, transportation expenses, housekeeping expenses, and over $7,200 in property damage. Yolanda also sought damages for loss of Eddie’s consortium. The Rooneys denied the allegations of negligence and claimed the plaintiffs’ own negligence, failure to mitigate their damages, and the negligence of Esparza Truck and Vasquez, as defenses. The defendants sought entitlement to indemnity and contribution from Esparza Truck and Vasquez. They also questioned the nature and extent of the plaintiffs’ claimed injuries and damages. The Rooneys filed a cross­claim against Esparza Truck and Vasquez, allegating that Vasquez’s negligence resulted in the incident. They sought damages for Dakoda’s injuries, medical expenses, and property damage. Esparza Truck and Vasquez denied the allegations of negligence and asserted the plaintiffs’ failure to mitigate their damages as an affirmative defense. They claimed Vasquez was driving in his lane of travel and did not attempt to change lanes at the time of the accident. The defendants also disputed the nature and extent of the plaintiffs’ claimed injuries and damages. Esparza Truck and Vasquez filed a cross­claim against the Rooneys, alleging Dakoda’s negligence proximately caused the incident. Esparza Truck and Vasquez reportedly accepted liability and agreed to settle the Rooneys’ cross­claim against them. The court granted the plaintiffs’ partial motions for summary judgment finding Eddie fault free and the negligence of either or both Vasquez and Dakoda caused the collision. The plaintiffs were awarded $49,946.56 in medical expenses. The defendants’ affirmative defenses were also dismissed. Jurors returned a verdict July 9, 2010, finding Esparza Truck and Vasquez were negligent and their negligence was a proximate cause of the injury and damages to the plaintiffs. The panel determined Dakoda was not negligent. Eddie was awarded $1,080,772 and Yolanda was awarded $81,250. Judge Carol Schapira entered judgment in accordance with the verdict July 29. Judge Schapira ordered Esparza Truck, Vasquez, and Mandujano to pay $556.78 for attorney fees and court costs.

Deceased motorcyclist's family and their lawyers win their case after their family member died in a motorcycle accident, striking a left-turning vehicle in Los Olivos, California

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, March 18, 2008
Result Date: 
Monday, April 27, 2009
Monetary Result: 
$814,055
  On March 18, 2008, Lawrence Lovejoy, 74, was riding his motorcycle on Highway 154 in Los Olivos, California when a car operated by Harriet Ann Visscher turned left in front of him as it was entering the road. Lovejoy crashed into the side of the car. He died from injuries sustained in the accident, while Visscher died of a heart attack six hours later. Lovejoy's surviving family sued Visscher's estate for motor vehicle negligence. The family and their lawyers argued that Visscher's negligent driving was the sole cause cause of the accidetnt. At the time of his death, Lovejoy, a former California Highway Patrol officer, was a part-time employee with an auto parts company, earning 9$ per hour. His family claimed that Lovejoy could have been expected to live for another 10 years, during which time he would have continued working and also collecting his retirement funds from his career as an officer. They therefore sought lost wages due to his death. In the end, the jury sided with Lovejoy's family, awarding them $814,055, of which $138,000 was for the economic support he would have provided the family, had he lived.

King County, WA jury awards $874,400 to motorcyclist after finding UPS to be at fault in a motorcycle collision with a delivery van

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, October 15, 2007
Result Date: 
Tuesday, August 25, 2009
Monetary Result: 
$1,093,000
Motorcyclist Kevin Hartley was travelling on 15th Avenue West in Seattle when a UPS courier failed to yield the right-of-way to opposing traffic. Hartley's motorcycle subsequently collided with the delivery van. He sustained multiple fractures, including to his ankle, leg, tibula, hand and wrist. The motorcyclist suffered permanent disfigurement; he now walks with a limp and experiences chronic pain. The defendent, UPS, contended that Hartley was driving behind the van and struck the back bumper, placing the proximate cause of the accident on him. The jury found that the courier and the UPS company to be 80% at fault, while Hartley was 20% at fault due to his own contributory negligence. Therefore the award of $1,093,000 was reduced to $874,400.

Motorcyclist's lawyers win his case after being injured in a head-on accident with a pickup truck

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, July 21, 2007
Result Date: 
Thursday, October 28, 2010
Monetary Result: 
$850,100
  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'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 Accident
Incident Date: 
Friday, July 20, 2007
Result Date: 
Tuesday, June 16, 2009
Monetary Result: 
$556,371
  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.

Fresno jury awards $1,085,439.15 to parents of a young motorcycle rider

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, May 26, 2007
Result Date: 
Monday, July 7, 2008
Monetary Result: 
$1,085,439
On May 26, 2007, at about midnight, Hilari N. Sloan, 20, a college student and hostess, was injured while riding as a passenger on the rear of a motorcycle driven by Brad Jacob Stephens at the intersection of Copper and Minnewawa avenues in Clovis. Sloan sustained a severe closed head injury and massive facial injuries. She was placed on life support, but died several days later. Stephens and Sloan were travelling eastbound on Copper. After two other motorcycles in front of them made a right turn at the intersection to proceed southbound on Minnewawa, Stephens accelerated through the intersection. Phillis Elaine Steele, who was traveling northbound on Minnewawa and had stopped her car at a stop sign, pulled into the intersection, assuming that all three motorcycles were turning right. The Stephens and Sloan motorcycle then crashed into the front driver side of the Steele vehicle, causing Stephens, Sloan, and the motorcycle to fly over the car. Sloan's parents, Dee Anna and Gordon D. Sloan, sued Stephens and his mother, Elizabeth Palm, the vehicle owner, and Phillis and Bennie L. Steele for motor vehicle negligence. They argued that Phillis Steele negligently entered the intersection from the stop sign. They also allegated that Stephens was negligent for not recognizing the potential hazard with two motorcycles turning in front of him and a car at the stop sign, failing to maintain a slow speed or accelerate slowly, flashing his high beams, covering his brakes, and placing the decedent in a helmet that was too large for her head. Steele admitted fault, but agreed with the Sloans’ negligence contentions against Stephens. Stephens argued that he was not speeding, that he had the right of way, that he violated no laws, that he did not have his right­hand turn signal on, that he was in the left­hand side of the lane, that he had no time for evasive maneuvers, and that Steele was totally at fault. The parties disputed whether the decedent’s helmet came off during the accident, and whether Stephens had taken Zoloft and Xanax that day and drank one beer. Her parents sought between $1 million and $2 million in non-economic damages. Stevens requested a defense verdict, or an award of $400,000 to $500,000. Stephens and Palm had $1.1 million in liability insurance through State Farm. The Sloans had $100,000 of underinsured motorist coverage by CSAA. The jury ruled in favor of the plaintiffs, finding Stephens 22% at fault and Steele 78% at fault, awarding $1,085,439.15 in damages. The plaintiffs recovered $1 million in non-economic damages, and $85,439.15 in funeral and hospital expenses.