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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.
Oregon motorcyclist's lawyers win his case against logging company that illegally parked a logging truck, resulting in his accident, winning $561,467.85
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, August 31, 1993Result Date:
Thursday, December 14, 1995Monetary Result:
$561,468Topics:
Lance Willis, at that time a 21-year-old student, was riding his motorcycle in Lane County, Oregon when he made a left turn on a rural road. His view was blocked from on-coming traffic by a 60-foot-long, loaded logging truck. As he was making the turn at the intersection, he and his motorcycle collided with an on-coming vehicle.
Willis suffered extensive injuries, including an open fracture of the left tibia and a fracture of fibula requiring insertion of steel rod. His knee was dislocated, receiving extensive ligament damage requiring surgical repair. His hip was also dislocated and fractured, requiring insertion of permanent metal screws.
Willis decided to sue the truck driver and the company he was working for at the time, Rose Logging, Inc. for his medical care following the accident and lost pay. He argued that since the logging truck was illegally parked at the intersection, that they were liable for his medical care.
In the end, the jury ruled in favor of Willis and against the logging company, awarding Willis $561,467.85.
Motorcyclist and his lawyers win his case against Saudi Arabian Airlines and Budget Rent-a-Car after he suffers severe injuries, awarding him $984,524
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, January 26, 1993Result Date:
Friday, March 3, 1995Monetary Result:
$984,254Topics:
On January 26, 1993, John Randolph was riding his motorcycle west on the Pacific Coast Highway in the right lane. Fahad Abdullah Maghrabi, an employee of Saudi Arabian Airlines, was stopped on Corral Canyon waiting to turn onto the highway to drive east. According to a police report, Maghrabi, who was driving a rental car from Budget Rent-A-Car, did not see Randolph coming and proceeded into the highway, causing a collision between Randolph's motorcycle and his car. The police report stated that Maghrabi was at fault due to his failure to yield to oncoming traffic.
As a result of the accident Randolph suffered extensive injuries. He suffered severe injuries to his left knee that ultimately lead to an artificial knee replacement. He additionally suffered injuries his pelvis, leading to sexual dysfunction.
Randolph and his wife, Johanne Randolph, sued Maghrabi's employer, Saudi Arabian Airlines, and Budget Rent-a-Car for motor vehicle negligence, as Maghrabi failed to yield to traffic. He sued due to his expenses and lost wages resulting from his injuries, and his wife sued due to the loss of a spousal relationship (loss of consortium) with her husband.
The defending parties' lawyers admitted that Maghrabi was negligent, and that Randolph did not contribute to the cause of the accident. The court ruled that since Maghrabi was doing an assignment from his employer and that he was the driver permitted to use the rented vehicle, that his employer Saudi Arabian Airlines was liable for the injuries and other damages that resulted from his negligence.
Both side's lawyers brought expert medical witnesses to the stand. The court found that Randolph's doctors provided more compelling testimony. Randolphs lawyers' brought his primary care doctor, who had treated him for nine years, to the stand, stating that his injuries were sustained in the accident. The defendants' doctor, who had only seen Randolph in one visit, argued otherwise. The court found that Randolph's expert medical witness' testimony was more compelling than that of the defendants'.
Ultimately the court sided with the Randolphs, awarding them $984,254. Saudi Arabian Airlines was liable for a total of $914,254 to John Randolph. Budget's maximum liability of $15,000 was also awarded to him. The loss of consortium to his wife, Johanne Randolph, was aportioned at $55,000, $40,000 of liability from Saudi Ariabian Airlines, and $15,000 from Budget.
John Randolph was found by the court to be entitled to $164,254 of special damages, including $115,646 for past medical expenses, $33,750 for future medical expenses, $8,858 for past income, and $6,000 for future income. He was also found to be entitled to $750,000 for general damages, including $200,000 for past sexual dysfunction and $50,000 for future sexual dysfunction. This total also included $300,000 for past pain and suffering, $150,000 for future pain and suffering associated with the knee replacement. and $50,000 for other future pain and suffering. The award of $40,000 general damages to his wife consisted of $30,000 for past lost consortium, and $10,000 for future lost consortium.
Family of business owner and their lawyers win a wrongful death suit against a produce company whose driver struck and killed their father in Los Angeles, California
Accident Type:
Pedestrian AccidentIncident Date:
Friday, January 1, 1993Result Date:
Sunday, January 1, 1995Monetary Result:
$641,095Topics:
Mr. Stone, a 79-year-old business owner was walking in a crosswalk in Los Angeles in January 1993 when he was struck by a truck operated by an employee of Bangkok Produce, Inc. He was unconcious and survived for ten days after the accident before he died. He was survived by three adult children.
The driver reported the accident to the police an hour after it occured and said he was not aware that he struck Stone until he saw the ambulance taking him away. He later recanted, however, and said that the police did not correctly record his statement. There were two witnesses who were unable to positively identify the driver of the truck.
Mr. Stone's family decided to sue Bangkok Produce in a wrongful death suit. They and their lawyers contended that the driver failed to stop after the accident, and did not inform police until he learned that there were witnesses to the accident, but later recante when he understood that the witnesses were unable to identity him.
Bangkok Produce and their lawyers argued that the police made many mistakes on the report because the driver was unable to speak English and had limited education.
Ultimately the parties settled for $575,000. They additionally claimed $31,674 for medical expenses and funeral costs and $44,421 interest, and also additional expenses, totalling $641,095.
Motorcyclist's lawyers win case against negligent driver and mechanic who installed faulty brakes in Los Angeles, California
Accident Type:
Motorcycle AccidentIncident Date:
Monday, October 1, 1990Result Date:
Sunday, January 1, 1995Monetary Result:
$929,000Topics:
Mr. Baeza, a 25-year-old carpenter, was driving his motorcycle through an intersection where he had right-of-way when a pickup truck driven by Mr. Ortiz drove through his stop sign, striking Mr. Baeza's motorcycle. As a result of the accident, Mr. Baeza suffered multiple skull and facial fractures, resulting in brain damage and personality disorder, loss of the sense of smell, and loss of vision in the right eye; fractures of both forearms, resulting in limited motion to both wrists; and an injury to the testicles.
Due to his severe injuries, Mr. Baeza and his lawyers decided to sue both Mr. Ortiz, and the company that had changed his motorcycle's rear tire and brake pads three days before the incident, USS Enterprises. He argued that Mr. Ortiz had neglected his right-of-way when he drove through the stop sign into his lane. Mr. Ortiz had no insurance and was dismissed from the trial. USS Enterprises and their attorneys admitted that the rear break was not working at the time of the accident, however they argued that Mr. Baeza was speeding and would not have been able to avoid the pickup even if the rear breaks had been working.
In the end, Mr. Baeza and his lawyers had won their case, winning an award of $929,000. He was found, however, to be 35% negligent, and Mr. Ortiz, who was dismissed from the trial was found to be 60% negligent, and USS Enterprises was found 5% negligent. Therefore the total award was reduced to $154,000.
Seattle motorcyclist's lawyers win his case against a pickup driver who pulled into an intersection in his path, winning $726,000
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, July 19, 1990Result Date:
Thursday, February 13, 1992Monetary Result:
$726,000Topics:
Court:
King County Superior Court
On July 19, 1990, Rudy Cantu, a 24-year-old auto-body painter, was driving on South Cloverdale Street in Seattle, Washington on his motorcycle. As he was crossing 5th Avenue South a pickup truck, driven by Ronald Dick, drove into the path of Cantu from 5th Avenue, then stopped in front of him, resulting in Cantu slamming into Dick's truck.
Cantu sustained serious injuries in the accident. He sustained serious fractures on both arms, sustained lacerations and wounds to his abdomen, resulting in damage to his liver and spleen.
Cantu decided to sue Dick for the cost of his medical expenses that resulted from the accident. He argued that when Dick was negligent because he drove into the intersection without seeing the motorcyle. Furthermore, when he stopped his truck in Cantu's path, he further contributed to the accident. Dick argued that he stopped the truck in order to give Cantu a chance to move around the vehicle and avoid the accident, and therefore Cantu was negligent by not taking evasive action.
In the end, the jury sided with Cantu, awarding him $726,000. He was considered to be 7.5% negligent in the incident, so his overall award was reduced to $672,000.
Seattle motorcyclist's lawyers win their case against a truck driver who pulled out in front of him at an intersection, resulting in a crash that caused him serious injuries
Accident Type:
Motorcycle AccidentIncident Date:
Sunday, July 1, 1990Result Date:
Saturday, February 1, 1992Monetary Result:
$726,000Topics:
Court:
King County Superior Court
Mr. Cantu was riding his motorcycle in July of 1990 in Seattle, Washington when he struck a truck, operated by Mr. Dick, broadsiding the vehicle. Cantu suffered serious injuries in the accident, including a fracture of the right radius, a fracture to the left arm, a concussion, lacerations to his chest and stomach, and bruises to his spleen and liver.
Mr. Cantu decided to sue Mr. Dick for personal injury. He and his lawyers argued that Mr. Dick negligently pulled out in front of him at an intersection.
In the end, the jury sided with Mr. Cantu, awarding him $726,000. He was found 7.5% negligent, however, and this total amount was reduced.
Los Angeles jury awards motorcyclist after he suffers injuries in an accident with a dump truck
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, May 1, 1990Result Date:
Monday, May 18, 1992Monetary Result:
$658,784Topics:
Hugh Juarez, a 30-year-old machine operator was riding his motorcycle in the right lane in Los Angeles, California in May, 1990 when he was struck by a dump truck making a right turn from the left lane next to Juarez. He sustained injuries in the accident, including a fractured tibia, fibula, and a spinal injury.
At the time, Inocencio Heredia, the dump truck driver, was on the job for Jimmy King Trucking, a contractor at a nearby construction site.
Juarez decided to hire an attorney and sue the dump truck driver and his employer. After the accident, however, Heredia disappeared. Jimmy King Trucking therefore represented the sole defendant at the stand during the trial. They alleged that Heredia was not on the job at the time, and that he was buying auto parts for his personal vehicle.
In the end, the jury sided with Juarez and his lawyers, awarding him $658,784.17.