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Date:
Thursday, July 9, 2009Date:
Saturday, July 4, 2009Motorcyclist found at fault after car rear-ends motorcycle
Accident Type:
Motorcycle AccidentIncident Date:
Monday, March 9, 2009Result Date:
Friday, June 8, 2012Monetary Result:
$1,187,500J. 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.
Date:
Saturday, August 2, 2008Motorcyclist 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.