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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 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.
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'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.