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.  

  Juan Salas Fonseca, a 28-year-old route salesman, was operating a Mitsubishi F-100 cab-over-engine commercial truck when he was involved in an accident. In the course of the collision, he was thrown from the detached cab through the windshield and was run over by his own truck. He suffered extensive injuries, including multiple fractures to his pelvis, spine, and leg. He faced future surgies to replace his hip and his spine and was therefore limited to semi-sedentary work. Fonseca decided to sue the manufacturer of his truck, Mitsubishi Fuso Truck of America Inc., and the distributor of his truck, Diamond Sales and Service Inc., which sold the truck to his employer. He and his lawyers argued that the truck had a defect in the design of the latching system, as it could be bypassed yet give the appearance of being properly secured to the chassis. They also alleged that the cab-open warning light was improperly positioned and that the secondary saftey catch was insufficient under the circumstances. They further claimed that ther should have been an interlock which would prevent vehicle movement unless the cab was properly secured. Mitsubishi the distributors denied their liability, coldly allegating that the sole cause of the accident was the negligence of Fonseca and his employer. Both parties brought mechanical engineers and doctors as expert witnesses. In the end, the jury sided with Fonseca and his lawyers, awarding him $1,250,150. This included $86,757 for past medical expenses, $249,780 for future medical expenses, $82,749 for past income, and $800,026 for future income. He also recieved worker's compensation benefits of $137,801. It was decided, however, that 30% of the liability was due to Fonseca's negligence in not wearing a seatbelt, and 30% to the employer who did not ensure that the cab was properly latched, even though the expert testimony demonstrated the defect in the latching system. His total award was therefore reduced to $737,304.

  Mr. Wadlow, 16 at the time of the accident, was returning on a dirt road from the "smoke bomb" area of a race track back to the pits wre he acted as a crewman for his father when he collided with a truck heading in the opposite direction. As a result of the accident, he suffered a compound fracture to his left femur and tibia, requiring two months of hospitalization, six skin graft surgeries and resulting in a permanent limp, scarring, and possible future surgery and arthritis. Wadlow and his lawyers decided to sue the motorcycle clubs that own the track, Jack Rabbit Motorcycle Club and American Motorcycle Club. They contended that the dirt road was supposed to be one-way road and that they had failed to direct traffic on that road.  The defending motorcycle clubs argued that Wadlow was responsible for the his injuries as he was operating a motorcycle that was too large for his size. They additionally claimed that they had no obligation to direct traffic as an amateur club. In the end, Wadlow and his lawyers won the case and a reward of $758,729. However, Mr. Wadlow was found to be 33.3% negligent for riding in a large motorcycle and not taking evasive action while driving, while his father was also found 33.3% negligent. Therefore, the total award they collected was reduced to $331,081.

  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.