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Motorcyclist's lawyers win his case after being involved in an accident with a pickup truck in San Bernardino, California, sustaining a brain injury
Accident Type:
Motorcycle AccidentIncident Date:
Friday, July 20, 2007Result Date:
Tuesday, June 16, 2009Monetary Result:
$556,371Topics:
On July 20, 2007, Kiven Dawson, a 46-year-old truck driver, was riding his motorcycle north on Meridian Avenue in San Bernardino, California when he struck a pickup truck driven by Norma Ortiz. Although he does not have memory of the accident due to a brain injury he sustained as a result, based on his police report, he claims that Ortiz was driving southbound when she made a left hand turn in his ath, resulting in the accident.
Dawson decided to sue Ortiz, and the owner of her vehicle, Alfonso Torres for negligent driving.
Ortiz and Torres argued that Dawson was inattentive. A biomechanics expert brought fourth by their lawyers testified that he believed Dawson was speeding and could have avoided the accident had he been operating the bike at an appropriate speed.
Dawson claimed that he sustained permanent disability, rendering him unable to work in his profession, which was a claim disputed by Ortiz and Torres' lawyers.
The jury ultimately ruled in favor of Dawson, finding Ortiz and Torres 100% liable. He was awarded $556,371.
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.
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.
Motorcyclist's lawyers win his case after accident, despite allegedly having alcohol in his system and not wearing a helmet
Accident Type:
Motorcycle AccidentIncident Date:
Sunday, January 22, 1984Result Date:
Friday, February 27, 1987Monetary Result:
$1,823,000Topics:
At around 12: 40 a.m., the Plaintiff, Parmley, 19 years of age, was coming back from a party on his motorcycle. He lost control of his motorcycle while negotiating a sharp curve. He ran into the center divider and was ejected 130 feet from the site of the crash. This resulted in massive internal injureis, including brain damage and a skull fracture. The curve was posted for a maximum speed of 40 mph. However, CalTrans had calculated the maximum speed for the curve was 20 mph. Parmley claimed the City failed to post the correct safe-speed warning sign, allowing this dangerous condition to exist.
The Defendent, the City of Whittier, California, contended that Parmley had been drinking and driving and was not wearing a helmet, and that he had made a remarkable recovery. However, the city argued, his head injuries could have been prevented altogether had he used a helmet. In addition, the fact that Parmley had alcohol in his system resulted in his inability to safely drive through the curve.
The jury ultimately sided with the Parmley and awarded $1,823,000. However, he was found to be 40% negligent, due to not wearing a helmet and his alcohol use. His net result was $1,093,800.
ATV rider and his lawyers win case against Honda Motor Company for negligent vehicle design
Accident Type:
Other Type of AccidentResult Date:
Monday, May 4, 1992Monetary Result:
$840,000Topics:
Court:
Orange County Superior Court
Robert Rangel, 17, was riding his Honda three-wheeled all-terrain-vehicle at a popular off-road riding area in Southern California when he collided with a dunebuggy at a blind curve. In the accident, Rangel lost the use of his left arm, suffered possible brain damage, and facial injuries. He underwent one surgery and two hopitalizations totaling ten days.
Due to his injuries, Rangel hired an attorney to sue the makers and dealers of the ATV, the Honda Motor Company. He and his lawyers alleged that the vehicle's design did not permit him to turn in time for the accident. In addition, formal training should have been recommended by the constructor and the dealers of the vehicle. They also claimed that a roll-over structure should have been a saftey feature on this ATV.
Honda and its lawyers countered that Rangel entered a blind curve on the wrong side of the path and that he was at excessive speed.
In the end, the jury sided with Rangel and his lawyers, awarding him $4,200,000, however he was found 80% at fault. Honda was found 5% at fault and the dealers 15%. Due to a joint and several liability law, which provided that a party at fault with the means to pay the full liability must do so, Honda payed Rangel $840,000.