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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.