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Fresno jury awards $1,085,439.15 to parents of a young motorcycle rider
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, May 26, 2007Result Date:
Monday, July 7, 2008Monetary Result:
$1,085,439Topics:
Court:
Fresno County Superior CourtOn 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.
Motorcyclist awarded damages after hitting a car that failed to yield
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, December 14, 2006Result Date:
Wednesday, February 10, 2010Monetary Result:
$1,156,640Court:
San BernardinoOn Nov. 14, 2006, plaintiff Carlos Llamas, 34, a substitute teacher, was driving a motorcycle east on Lugonia Avenue in Redlands, on his way home from school. The plaintiff crashed into a vehicle operated by Thomas Chung, who was coming from the opposite direction and was making a left turn into his driveway. Llamas’s motorcycle hit the front of Chung’s car, and he was thrown approximately 150 feet.
An ambulance sent Llamas to an emergency room with a fracture to his left, non-dominant forearm. He underwent several surgeries, including open reduction-internal fixation with plating and skin grafting from his thigh. He also sustained a torn anterior cruciate ligament in his left knee for which he received arthroscopic surgery. Llamas also sustained lacerations to his bowel and colon, leading to a partial removal of both, and the insertion of a colostomy.
Llamas sued Chung for motor vehicle negligence. He claimed that Chung failed to yield to his oncoming motorcycle, which was going straight on Lugonia, as opposed to the defendant’s left-turning vehicle. Llamas claimed that he tried to avoid hitting Chung’s vehicle, but couldn’t, and collided with the car’s front end.
Chung contended that Llamas was speeding, and presented two eyewitnesses who stated that the plaintiff was driving between 70 mph and 80 mph in a zone where the speed limit was 50 mph. Chung claimed that, had Llamas been going slower, the accident could have been avoided because the plaintiff would have had enough distance to stop before the crash.
The plaintiff had a successful takedown of the colostomy after seven months and had no residual intestinal problems. He claimed residual weakness in his left arm with permanent disfigurement. He also claimed that he’d require future surgery on his injured left knee.
Llamas missed 1.5 years of work after the accident, but by trial he had returned to an active, working lifestyle. He sought damages for past and future pain and suffering, past and future medical costs and past lost earnings. The defense contended that the plaintiff’s knee injury was the result of a pre-existing condition relating to a compound fracture he had sustained in a car accident two years prior to the subject accident.
Chung did not contest the cause or severity of the plaintiff’s arm and intestinal injuries.
The jury found that Chung was 75-percent liable and Llamas was 25-percent at fault. Thus the damages awarded to Llamas were reduced to $867,480.
Motorcyclist sues Carolina Cargo Company after being involved in an accident at an intersection in Salinas, California, winning $536,000
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, July 13, 2006Result Date:
Thursday, April 15, 2010Monetary Result:
$536,000Topics:
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 AccidentIncident Date:
Tuesday, January 24, 2006Result Date:
Tuesday, January 13, 2009Monetary Result:
$705,297Topics:
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.
Off-duty officer injured in motorcycle accident with a car and his lawyers win their lawsuit against negligent motorist
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, October 8, 2005Result Date:
Wednesday, March 3, 2010Monetary Result:
$742,907Topics:
Court:
Contra Costa Superior Court
On Oct. 8, 2005, Ronald Knittel, 50, a K9 officer with the federal government, was riding his motorcycle in Concord, CA. On the road ahead of him, motorist Nancy Choi was lost, looking for a soccer field. She pulled to the right to begin a Uturn, however Knittel misunderstood, thinking she was letting him pass. He attempted to pass her on the left within the lane. When Choi began the U-turn, Knittel swerved to the left in an attempt to avoid collision, but his motorcycle crashed into the left front side of her car. The motorcycle slid, hit the curb and threw Knittel roughly 15 feet onto the air, throwing him onto the asphalt.
Due to the accident, Knittel lost consciousness and experienced temporary lower extremity paralysis. He was hospitalized overnight, then released as stable. He claimed headaches, radiating arm pain, lower back and leg pain.
Knittel sued Choi for her negligence in causing the accident. Choi denied pulling to the right and testified that she activated her turn signal. She intended to pull into the driveway of an air ambulance business. Her lawyers argued that Knittel simply passed a slow-moving vehicle at approximately 50 mph only four feet to the left of the centerline and that he did not notice Choi’s turn signal as he was focused on an oncoming vehicle.
Knittel insisted that he could no longer take the pain and planned to retire in April 2010 at age 55 after 20 years of service. Although Knittel worked full time since his return to work in January 2006, due to his early retirement and inability to work overtime since the accident, Knittel contended that his pension would be less than it would have been, had there been no accident. Choi's attorneys responded that Knittel had only a transient aggravation to his preexisting chronic neck and back problems, for which he underwent three sets of MRIs (two neck, one back) before the accident.
Her attorneys also denied that Knittel needed surgery, contending that the accident caused a flare up or aggravation lasting about three months.
Ultimately, Knittel and his attorneys won, awarding him $742,907. Choi was determined to be 75-percent at fault, while Knittel was found to be 25-percent at fault.