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Shannon Nielson, 38, and her lawyers win her case against a trucking company after she and her fiance were involved in a crash with a truck, taking the life of her fiance and causing her serious injuries
Accident Type:
Motorcycle AccidentIncident Date:
Friday, September 23, 2005Result Date:
Tuesday, March 3, 2009Monetary Result:
$775,361Topics:
Court:
Orange County Superior CourtOn September 23, 2005, Shannon Nielson, a 38-year-old hairstylist, was riding on the back of a motorcycle that her fiance, Troy McDaniel, was driving on the Mt. Rose Highway in the Sierra Nevada range of California. As they were riding on the highway, they came across a flatbed truck operated by Carl McAlister, an employee of the White Cap Construction Supply company. McDaniel grounded the motorcycle to avoid striking the truck, which was making a U-turn on the two-lane highway. The couple skidded on the pavement towards the truck and were run over by its rear wheels. McDaniel died within the hour, however Nielson survived with injuriesto her pervic bone and her wrist. She was bedridden for three weeks and later used a walker and then crutches.
Nielson, McDaniel's estate, and his parents decided to sue McAlister and his employer, and its corporate owner, Home Depot USA, Inc. Ten months before the trial, however, McDaniel's parents agreed to a confidential settlement with Home Depot, and were voluntarily dismissed from the trial.
Nielson was therefore left as the only plaintiff at the trial. She and her lawyers argued that she and her fiance were traveling at approximately 40 MPH uphill and approached a slight curve. After taking the curve, she reported that she saw a truck positioned across the highway. As her fiance grounded the bike, they were propelled across the pavement into the truck. Subsequently, the trucks rear tires drove over McDaniel's chest and over her right hip.
The defendants admitted liability on the first day of trial.
Nielson claimed emotional distress at the thought of her open reduction surgery and the trauma related to the moments preceding the accident and at the time of the impact. In addition, the screws placed in her hip caused persistent irritation. As a yoga enthusiast, she can no longer perform certain poses, and the permanent discomfort of her right wrist has cause her difficulty in performing her work as a hairstylist. She therefore sought compensation for her medical expenses, loss of income, and emotional damages.
In the end, the jury ruled in favor of Nielson. She was awarded $775,361.
San Francisco meter maid awarded $1,595,000 after her three-wheeled vehicle's brakes fail resulting in multiple injuries
Accident Type:
Other Type of AccidentIncident Date:
Friday, August 5, 2005Result Date:
Friday, July 18, 2008Monetary Result:
$1,595,000Topics:
At 12:44 p.m. on August 4, 2005, plaintiff Mercy Zamora, a San Francisco meter maid in her 40s, was driving a three-wheeled vehicle on Harrison Street, toward First Street, when her brakes failed while driving downhill. She was traveling at 22 mph and hit a van that was stopped at the red light on First Street. The force of the impact caused the bottom of the front of the vehicle to be crushed upward while the roof collapsed downward. The steering wheel became lodged into Zamora’s lower abdomen and she was trapped in the vehicle. Emergency workers used the Jaws of Life to free Zamora. She was sent to a hospital with multiple injuries.
Zamora sustained a fractured hand, a fractured knee, a lacerated liver, a lacerated vagina, a pelvic fracture, and a variety of other lacerations. She was in the hospital for six weeks after the accident, and spent another three months in a rehabilitation facility treating the injuries.
Zamora sued the manufacturers and distributors of the vehicle, Textron Inc., Providence, R.I.; Ransomes America Corp., Augusta, Ga.; and Cushman Inc., Augusta, Ga.; to recover personal-injury damages. Zamora also filed a negligent manufacturing action against the companies that made and distributed the wheel cylinder on the vehicle, Affinia Group Inc., Ann Arbor, Mich., and Brake Parts Inc., McHenry, Ill.
Zamora's attorneys argued that Cushman was negligent for not equipping the vehicle with a roll cage, a shoulder harness, or a viable secondary brake, per the Federal Motor Vehicle Safety Standards. Cushman should have equipped it with a dualmaster cylinder brake system instead of the singe master cylinder system it had installed.
Zamora's attorneys also argued that Affinia/BPI was liable for a manufacturing defect in the wheel cylinder it provided for the vehicle because its failure had caused the entire braking system to fail. They asserted that when the vehicle was inspected after the collision, the Affinia/BPI wheel cylinder was broken. They claimed that since there was a 300-foot line of brake fluid tracing up the hill from the point of impact, it proved the wheel cylinder had broken and caused the entire brake line to fail.
Counsel for Cushman contended that the company wasn’t required to install a dual braking system or a shoulder harness when it built the vehicle in 1992, because it was defined as a motorcycle and therefore satisfied the Federal Motor Vehicle Safety Standards. The company also claimed that the vehicle was so old when it was in the collision that all of the parts had been replaced by the city, and the Cushman defendants couldn’t be held liable for the failure of parts it didn’t design, manufacture or distribute.
Counsel for Affinia/BPI contended that there was no evidence that its wheel cylinder had failed before the collision. Counsel asserted that the damage to the wheel cylinder was consistent with a part that had been damaged in the collision. Counsel for Affinia/BPI argued that the master cylinder had failed and that was why there was a stream of brake fluid leading down to the area where the collision occurred.
The defense contended that the city was liable, and it was added to the verdict form. The defense argued that the city’s negligent repair caused the master cylinder to fail and disable the entire brake line before the accident. Counsel referenced a June 2005 repair report that demonstrated that there had been complaints about the brakes, but the mechanic didn’t take any action other than changing a tire on the vehicle, despite its being out of use for about six weeks. Counsel argued that the city had also overtorqued the master cylinder, and that caused the master cylinder to weaken and eventually crack.
Zamora's attorneys stated that two feet of Zamora’s intestine had to be removed, and she also sustained a mild brain injury, and developed PTSD and depression. They claimed $295,000 for Zamora’s past medical damages and sought an additional $150,000 for future medical damages because Zamora would require physical therapy once per month as well as ongoing emotional and psychological treatment.
Zamora's attorneys also claimed that she was unable to work for the remainder of her life because her IQ was in the low 80s after the collision and she couldn’t perform the tasks of a meter maid. Zamora claimed it took her more than six months to return to walking and one year to walk without crutches. The parties stipulated to $150,000 in past lost earnings and Zamora’s counsel requested more than $1 million for future lost earnings.
Noting the damage to Zamora’s ovary, and the limitations on Zamora’s ability to perform physical activities she had previously enjoyed such as running, her attorneys requested unspecified damages for past and future pain and suffering.
Regarding the allegation that Zamora had suffered a brain injury in the accident, defense counsel argued that Zamora’s IQ had never been tested before the accident so there wasn’t any proof she had become cognitively impaired.
The defense claimed that Zamora had performed 90 days of light duty work for the city since the accident and was able to continue working in a sedentary capacity despite some physical limitations.
The defense also argued that Zamora wasn’t entitled to recover any future pain and suffering damages because she had been both walking and running for some time before the trial, as evidenced by her completion of a half-marathon just two weeks before trial.
The jury ultimately ruled a mixed verdict. They found the city of San Francisco to be 57.5% negligent, the Cushman company 37.5% negligent, and Zamora 5% negligent. Affinia/Brake Parts Inc. was found 0% negligent. They ultimately awarded Zamora $1,595,000.
Motorcyclist's lawyers win his case after he sustained injuries as a result of an accident with a pickup truck in Riverside, California
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, August 11, 2004Result Date:
Tuesday, February 24, 2009Monetary Result:
$890,000Topics:
On August 11, 2004 Daniel McGettigan, a 40-year-old service manager for a car dealership, was riding his motorcycle when he crashed into a truck that Raul Nunez, a salesperson for I-10 Toyota, was showing to prospective customers. Nunez was turning the truck left onto the roadway that McGettigan was driving on, resulting in the accident. McGettigan was driven to an emergency room, where he was found to have multiple contusions. Subsequent MRI's showed problems in the lumbar spine and cervical discs. He underwent extensive physical therapy, chriopractic treatment, and pain control therapy. He claiemd to have a consistent burning pain and tenderness in his back, which was disabling.
McGettigan decided to sue Nunez, I-10 Toyota, and its parent company, C&M Motors, LLC. He argued that Nunez was negligent in driving the vehicle, and that his employers were liable.
Nunez claimed that he had stopped in the westbound lane of the roadway, and that McGettigan should have seen him and avoided the collision.
McGettigan claimed to have a brain injury which resulted in depression and aberrant behavior. His wife left him shortly after the accident, and settled a loss of consortium claim for $12,500.
Utlimately, the jury sided with McGettigan and his lawyers, awarding him $890,000. Nunez and his employers were found 100% liable.
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.