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Motorcyclist awarded damages for serious injuries after accident with a truck and a car
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, May 28, 2008Result Date:
Friday, July 9, 2010Monetary Result:
$1,162,022Topics:
Court:
King County Superior CourtOn 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 AccidentIncident Date:
Tuesday, March 18, 2008Result Date:
Monday, April 27, 2009Monetary Result:
$814,055Topics:
On March 18, 2008, Lawrence Lovejoy, 74, was riding his motorcycle on Highway 154 in Los Olivos, California when a car operated by Harriet Ann Visscher turned left in front of him as it was entering the road. Lovejoy crashed into the side of the car. He died from injuries sustained in the accident, while Visscher died of a heart attack six hours later.
Lovejoy's surviving family sued Visscher's estate for motor vehicle negligence. The family and their lawyers argued that Visscher's negligent driving was the sole cause cause of the accidetnt.
At the time of his death, Lovejoy, a former California Highway Patrol officer, was a part-time employee with an auto parts company, earning 9$ 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.
Motorcyclist awarded payment for injuries after accident in Orange County, CA
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, January 15, 2008Result Date:
Thursday, July 12, 2012Monetary Result:
$1,964,930Court:
Orange County Superior CourtOn Jan. 16, 2008, plaintiff Edward Philip Brown was operating a rented motorcycle on Interstate 405 and was involved in a collision with a car, driven by defendent Shannon Lyn Oberdorfer, resulting in serious injuries. Brown also claimed Oberdorfer was acting within the course and scope of her employment with defendant Didi Hirsch Psychiatric Service at the time of the accident. Brown alleged the defendants were negligent. Hirsch stipulated that Oberdorfer was acting within the course and scope of her employment and both defendants stipulated to 100 percent liability for the accident.
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 AccidentIncident Date:
Monday, October 15, 2007Result Date:
Tuesday, August 25, 2009Monetary Result:
$1,093,000Topics:
Court:
King County Superior CourtMotorcyclist 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 AccidentIncident Date:
Saturday, July 21, 2007Result Date:
Thursday, October 28, 2010Monetary Result:
$850,100Topics:
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 AccidentIncident Date:
Friday, July 20, 2007Result Date:
Tuesday, June 16, 2009Monetary Result:
$556,371Topics:
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 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.