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Deceased 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 Accident
Incident Date: 
Saturday, September 20, 2003
Result Date: 
Thursday, June 8, 2006
Monetary Result: 
$615,773
  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's lawyers win his case after colliding with a driver who ran a red light

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, September 1, 1999
Result Date: 
Friday, July 22, 2005
Monetary Result: 
$650,000
  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.  

Woman's lawyers win her case after being injured in an accident with two drunk drivers while riding on a motorcycle

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, July 10, 1982
Result Date: 
Wednesday, June 1, 1983
Monetary Result: 
$558,352
On July 10, 1982, at 11: 20 p.m.Sharon Crigger, a 36-year-old federal crop insurance adjuster with the Department of Agriculture, was riding as a passenger on the back of Kermit Johansson's motorcycle at Fruit and Ashlan Avenue. Ms. Crigger and Mr. Johansson were driving west on Ashlan when Patrick McHatton was traveling in a southbound direction on Fruit Avenue. The two vehicles collided with each other at the intersection controlled by light signals. Both drivers argued that they had the green light. Ms. Crigger was severely injured. She sustained several pelvic fractures, requiring 50 units of blood. She also suffered nerve injuries to her right leg and right arm, including her right shoulder, leaving her with residual dysfunction of the deltoid and triceps muscles of the right arm, which restricts her from strenuous activity, and in her work. She was in intensive care for nine days, and in the hospital for two months. She subsequently sued both Mr. Johansson and Mr. McHatton for their individual roles in causing the accident. Crigger had been dating Johansson for about a year prior to the accident, and they had been on a river rafting outing early that day. All the people involved consumed alcoholic beverages that day, although no blood alcohol content was taken from Ms. Crigger, who could not remember the incident due to her injuries. Mr. McHatton was arrested for felony drunk driving. McHatton argued that he had consumed four or five beers during the hour prior to the accident, and that he was on his way home. He was intending to continue driving south on Fruit avenue at the intersection, and had the green light. Physical factors of the accident indicated that his account was inconsistent, however. It appeared that he was making a left hand turn, and, further, was traveling at 15 to 20 m.p.h. at the time of the accident. Mr. McHatton admitted he was partially at fault, but argued that Mr. Johansson was also negligent, and that Ms. Crigger was comparatively negligent for getting onto the motorcycle with an impaired driver. Defendant Johansson claimed that he was traveling at 35 m.p.h., and that he had the green light. He further argued that he had no notice of the other motor vehicle until he was some twenty feet from the intersection, which time he caught a glimpse of the other vehicle, and at that point he attempted to take evasive action and brake, but was unable to apply his brake prior to impacting the motor vehicle. Defendant Johannson denied any liability. Both the plaintiff and the defendant brought expert witnesses to the stand. An accident reconstructionist testified on behalf of Ms. Crigger, testifying that even if both of the vehicles had the green light, that Mr. Johannson could have taken evasive action, and should have been able to reduce the speed of his motorcycle from 35 m.p.h. to 22 m.p.h., based on normal reaction time, had he not been drunk. Mr. Blair stated that this reduction of speed would reduce the velocity of impact by 60%. Another expert witness testified that Mr. McHatton had a blood alcohol content of .015, and that level his perceptual abilities were impaired. The defendant's expert witness testified that in his opinion the accident was unavoidable, as there were obstructions at the intersection that kept both drivers from seeing each other. Ultimately, Ms. Crigger and her lawyers won the case for her, awarding her $558,352.32. It was found that Mr. McHatton was primarily at fault, although Mr. Johansson contributed to the accident.

Lawyers of deceased motorcyclist's family win their case against the City of San Francisco, awarding the family $792,500

Accident Type: 
Motorcycle Accident
Incident Date: 
Monday, June 28, 1982
Result Date: 
Friday, September 4, 1987
Monetary Result: 
$792,500
  Henry Washington, 51, was driving his motorcyle west on Folsom Street at 10:00 a.m. on June 28, 1982, in San Francisco. At the intersection of 13th Street, a car made a left turn and Washington ran into the vehicle, killing him. Washinton's surviving family decided to sue the city of San Francisco for negligent road design. They argued that dangerous conditions existed at this intersection due to 13th Street being directly under a freeway. It was claimed that the freeway support pillars, located on the center median strip, blocked the view of oncoming traffic to left turning vehicles. Their lawyers brought expert witnesses to testify. An accident reconstructionist testified that the configuration of the intersection, and its restricted sight lines, did not allow sufficient reaction times to allow a left turning vehicle to perceive and avoid a collision in these circumstances. In addition, they also brought a traffic engineer who testified that the intersection was dangerous, and that a protected left turn arrow phase was feasible at the intersection, and would have alleviated the danger. The City of San Francisco's lawyers argued that there was sufficient sight distance to allow left turning vehicles to see oncoming traffic. It was further claimed that the accident history did not show a dangerous condition. Their lawyers also brought expert witnesses to the stand. An engineering photographer testified that his photographs showed a good sight line between the vehicles, for at least three and a half seconds before the collision point. Ultimately the case was won by Washington's family. Their award was valued at $792,500, however it was reduced as 60% of liability was with the left-turning driver, 25% to the city, and 15% to Washington himself.