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Date:
Monday, November 17, 2003Area:
Lafayette, INDeceased motorcyclist's wife and her lawyers win her case against a driver her drove in front of him, resulting in his death in Snohomish County, Washington
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, September 20, 2003Result Date:
Thursday, June 8, 2006Monetary Result:
$615,773Topics:
David Aultman was driving his Yamaha motorcycle north on State Route 9 in Snohomish County, Washington on September 20, 2003. Meanwhile, Margaret Blystone was driving her car west on 164th Street SE and stopped at a stop sign at the intersection with State Route 9. She began to proceed into the intersection, placing her car in the way of Mr. Aultman. According to his family and attorneys, he did not have enough time to avoid hitting her, and he and his motorcycle collided with the side of Mrs. Blystone's vehicle. Mr. Aultman died in the accident as a result of blunt-force trauma.
Mr. Aultman's wife Bonnie filed a wrongful death lawsuit in 2004 against Mrs. Blystone and her husband Olin. She and her attorneys argued that Mrs. Blystone's negligence was the single factor that caused the accident and her husband's death. She sought damages on behalf of her husband for physical pain and suffering, mental and emotional suffering, loss of enjoyment of life, loss of consortium (loss of her spouse and his support), and medical and funeral expenses.
The Blystones denied any negligence, and contended that Mr. Aultman had negligently operated his vehicle. They brought an expert witness, an accident reconstructionist, who concluded that Mr. Aultman shoudl have been able to stop before the collision. He had, according to the expert, applied his brakes too heavily, resulting in him losing control.
Ultimately, the jury sided with Mrs. Aultman and her lawyers, awarding a total of $615,773.29. Mr. Aultman was not found to have contributed to the accident.
Motorcyclist and his lawyers win his case after he suffers massive injuries resulting from a crash with a backhoe
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, August 30, 2001Result Date:
Monday, October 16, 2006Topics:
Perry Wise, A 48-year-old hospital laboratory technician, was driving his BMW motorcycle east on State Route 6 just east of Menlo, Washington when he stoped a backhoe travelling on shoulder of his lane ahead of him. As Wise attempted to pass the backhoe, its driver, Ron Epperson, suddenly drove into his lane. Wise hit his brakes and laid his motorcycle down on the highway and subsequently slammed into the back of the backhoe.
As a result of the accident Wise suffered extensive injuries. He sustained multiple face fractures and injuries requiring reconstructive surgery. He suffered fractured ribs and a catastrophic chest injury. His hips were fractured, and he sustained a laceration of his liver. Wise underwent many surgeries and emergencye procedures. He has permanent loss of sensation in areas of his face, and has a permanent hip disfunction that affects his mobility. He spent 31 days total in the hospital.
Wise sued Epperson and his employer, Pilchuck Contractors for negligent operation of the vehicle resulting in the crash and his injuries.
The defense attorneys argued that Wise was inattentive and that his poor motorcycle riding skills resulted in the accident. They brought an accident reconstruction expert who testified that Wise did not pay attention to the backhoe and that he should have avoided collision by simply steering around the backhhoe instead of laying down the motorcycle. They also brought a psychiatrist who argued that Wise's untreated Attention Deficit Disorder (ADD) contributed to his inattentiveness.
Ultimately, Wise and his attorneys won his case, awarding him $722,794.
Motorcyclist's lawyers win his case after colliding with a driver who ran a red light
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, September 1, 1999Result Date:
Friday, July 22, 2005Monetary Result:
$650,000Topics:
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.
Motorcyclist's lawyers win his case against a negligent driver of a church van after he sustains injuries in an accident in Los Angeles County, California
Accident Type:
Motorcycle AccidentIncident Date:
Sunday, November 1, 1998Result Date:
Thursday, March 1, 2001Monetary Result:
$818,147Topics:
Mr. Quezada was riding his motorcycle in November of 1998 when he collided with a van operated by Mr. Paiva and owned by Angelica Lutheran Church making a U-turn. Mr. Quezada suffered a hemopneumothorax (air and blood in the chest cavity), nine fractured ribs, a restrictive lung disease, and road rash to his right hand as a result of the accident.
Quezada decided to sue Paiva and the church that owned the van for vehicle negligence. He and his lawyers argued that Paiva made an illegal U-turn and was inattentive to oncoming traffic.
Paiva and the church denied liability and argued that Quezada was negligent for operating his motorcycle at a high speed.
The jury ruled in favor of Quezada, awarding him $818,147, including $25,000 for loss of services claimed by his spouse. He was found to be 50% at fault for the accident, however, and the amount was reduced accordingly.
Truck driver and his lawyers win his case against Mitsubishi after he is thrown from the cab of a defective truck in Los Angeles, California
Accident Type:
Truck AccidentIncident Date:
Monday, January 1, 1996Result Date:
Monday, June 15, 1998Monetary Result:
$1,250,150Topics:
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.
Los Angeles trucker and his lawyers win their case against Dart International company after he suffers brain damage from faulty equipment
Accident Type:
Truck AccidentIncident Date:
Tuesday, July 11, 1995Result Date:
Wednesday, June 3, 1998Monetary Result:
$1,197,885Topics:
Independent trucker Roberto Tinajero, 52, was doing some extra work at approximately 4:45 PM on July 11, 1995 at the Marine Terminal of Heinz Pet Food on Terminal Island in Los Angeles, California. He was driving a 1984 Ford tractor trailer with a modified fifth wheel to allow rapid connections and disconnections of the chassis. He forgot to disconnect one of two air hoses and drove away. The hose and metal fitting separated from the parked trailer, which forcefully recoiled through the unguarded rear window, striking him in the head. Tinajero subsequently suffered a depressed skull fracture, inflicting mild to moderate brain damage.
Roberto Tinajero decided to sue the company that constructed the truck, Dart International, for personal injury. He and his lawyers argued that the truck was defective because it lacked a rear-window barrier guard. They argued that the company was responsible for the defective product as they negligently manufactured this unsafe equipment and did not take steps to add the necessary safety equipment. They further clamed that Heinz Pet Food negligently allowed the unsafe truck to be used at its terminal facility in violation of customs in the industry.
The companies' lawyers argued against Tinajero, coldly claiming that the product which injured him was not defective because he was involved in an accident that was "not forseeable." In addition, they contended that they were not responsible because of the truck's modification, which they did not manufacture or install. They discounted their responsibility, stating that the sole cause of Tinajero's serious accident was his own negligence.
In the end, the jury sided with Tinajero and his lawyers, awarding him $1,197,885. This amount was reduced to $898,414, however, as he was found 25% liable. This amount was composed of $56,000 of medical expenses, $150,000 of lost income, and $650,000 lost earning capacity.
Deceased motorcyclist's family sue the city of Simi Valley, California after he swerved to avoid a pothole, striking a tree and dying, winning $475,000 in a settlement
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, March 1, 1995Result Date:
Saturday, September 1, 2001Monetary Result:
$475,000Topics:
Mr. Byron, 19, was riding his motorcycle in the city of Simi Valley, California in March of 1995 when he swerved to miss a large pothole on the street, going off the road and striking a tree. The collision killed Mr. Byron, who was survived by his family.
Byron's family brought a suit against the city of Simi, California. They and their lawyers argued that the city had failed to properly maintain the roadway he was riding on. They maintained that they had not only failed to prevent or fill the pothole, but had also failed to barricade or warn motorists of the dangerous condition of the roadway.
The city of Simi Valley and their attorneys contended that Mr. Byron's inexperience operating a motorcycle and his excessive rate of speed resulted in the accident, rather than the condition of the street.
In the end, the case was settled to the amount of $475,000.
Teen motorcyclist and his lawyers win their case against motorcycle club after an accident at a racetrack
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, January 1, 1994Result Date:
Monday, January 1, 1996Monetary Result:
$758,729Topics:
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.