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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.
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.
Truck driver and his lawyers win his case against Mitsubishi after he is thrown from the cab of a defective truck in Los Angeles, California
Accident Type:
Truck AccidentIncident Date:
Monday, January 1, 1996Result Date:
Monday, June 15, 1998Monetary Result:
$1,250,150Topics:
Juan Salas Fonseca, a 28-year-old route salesman, was operating a Mitsubishi F-100 cab-over-engine commercial truck when he was involved in an accident. In the course of the collision, he was thrown from the detached cab through the windshield and was run over by his own truck. He suffered extensive injuries, including multiple fractures to his pelvis, spine, and leg. He faced future surgies to replace his hip and his spine and was therefore limited to semi-sedentary work.
Fonseca decided to sue the manufacturer of his truck, Mitsubishi Fuso Truck of America Inc., and the distributor of his truck, Diamond Sales and Service Inc., which sold the truck to his employer. He and his lawyers argued that the truck had a defect in the design of the latching system, as it could be bypassed yet give the appearance of being properly secured to the chassis. They also alleged that the cab-open warning light was improperly positioned and that the secondary saftey catch was insufficient under the circumstances. They further claimed that ther should have been an interlock which would prevent vehicle movement unless the cab was properly secured.
Mitsubishi the distributors denied their liability, coldly allegating that the sole cause of the accident was the negligence of Fonseca and his employer.
Both parties brought mechanical engineers and doctors as expert witnesses.
In the end, the jury sided with Fonseca and his lawyers, awarding him $1,250,150. This included $86,757 for past medical expenses, $249,780 for future medical expenses, $82,749 for past income, and $800,026 for future income. He also recieved worker's compensation benefits of $137,801.
It was decided, however, that 30% of the liability was due to Fonseca's negligence in not wearing a seatbelt, and 30% to the employer who did not ensure that the cab was properly latched, even though the expert testimony demonstrated the defect in the latching system. His total award was therefore reduced to $737,304.
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.
Motorcycle officer's lawyers win his case after he runs off of a state highway in Ventura County, California
Accident Type:
Motorcycle AccidentIncident Date:
Wednesday, January 1, 1986Result Date:
Tuesday, October 1, 1991Monetary Result:
$850,000Topics:
Mr. Blackburn, a 44-year-old motorcycle officer, was riding his bike on a state highway in Ventura County, California when he drove of the road and into a cement railroad control box. The roadway had once been a throughway, however a portion of it had been closed due to the realighment of a state highway. Blackburn sustained a fracture and dislocation of his left hip, a fracture in his pelvis, and a nerve injury to his lower left leg. The injuries resulted in a minor foot drop and the future possibility of developing avascular necrosis and arthritis in his left hip, which would require a hip replacement.
Blackburn decided to sue the state of California for its failure to warn that the road ends. The state of California's lawyers contended that the roadway was clearly marked, and that Blackburn had ignored the warnings and purposely used the closed portion of the highway as a shortcut. Furthermore, they pointed out that the land on which the accident took place was not owned by the state at that time.
The jury sided with Blackburn, for a total award of $850,000. He was found 40% at fault, however, and the total amount was reduced to $510,000.
Motorcyclist and his lawyers win his case after being injured in an accident with a vehicle in a funeral procession that ran a red light
Accident Type:
Motorcycle AccidentResult Date:
Thursday, September 27, 2001Monetary Result:
$790,000Topics:
John McCord was stopped at an intersection in Sacramento County, California on his motorcycle as a funeral procession was passing by on a cross-street. When the light turned green, he entered the intersection. A vehicle in the funeral procession, operated by Ivan Semenyuk, ran the red light, assuming he had the right-of-way in the procession, striking McCord. As a result of the accident, McCord suffered a fractured pelvis, requiring a total hip replacement, and a knee injury.
Mr. McCord decided to sue the parties involved in his accident, including Semenyuk; Wayne McMahon, the funeral escort officer controlling both the procession and the intersection; the California Funeral Escort Company and its owner, Sam Oliver; and the Lind Brothers Mortuary.
Mr. McCord and his lawyers argued that McMahon, the escort officer, was negligent in leaving the intersection before the procession had fully crossed it. He also argued that the mortuary company was negligent for only hiring a single motorcycle escort for a procession involving 50 to 75 cars over a six mile journey to the cemetary. In addition, Semenyuk was negligent for running the red light when the escorting officer was not present at the intersection.
Semenyuk argued that while he did run the red light, the other defendents were responsible, since they had failed to control the intersection and the procession. The other defendents argued that the negligence was Semenyuk's alone, as he ran the red light when the escort officer was not present or in control of the intersection. In addition, the defending parties argued that the knee injury was pre-existing and that McCord would not require any future knee or hip surgeries.
In the end, the jury sided with Mr. McCord and his attorneys. They awarded him $790,000, finding Semenyuk 5% liable, and McMahon and his employer 95% liable. The mortuary was not found liable.