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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 Accident
Incident Date: 
Friday, July 20, 2007
Result Date: 
Tuesday, June 16, 2009
Monetary Result: 
$556,371
  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.

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 Accident
Incident Date: 
Friday, September 23, 2005
Result Date: 
Tuesday, March 3, 2009
Monetary Result: 
$775,361
On 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'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 Accident
Incident Date: 
Wednesday, August 11, 2004
Result Date: 
Tuesday, February 24, 2009
Monetary Result: 
$890,000
  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.

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.  

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 Accident
Incident Date: 
Monday, January 1, 1996
Result Date: 
Monday, June 15, 1998
Monetary Result: 
$1,250,150
  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.

Los Angeles trucker and his lawyers win their case against Dart International company after he suffers brain damage from faulty equipment

Accident Type: 
Truck Accident
Incident Date: 
Tuesday, July 11, 1995
Result Date: 
Wednesday, June 3, 1998
Monetary Result: 
$1,197,885
  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.

Teen motorcyclist and his lawyers win their case against motorcycle club after an accident at a racetrack

Accident Type: 
Motorcycle Accident
Incident Date: 
Saturday, January 1, 1994
Result Date: 
Monday, January 1, 1996
Monetary Result: 
$758,729
  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.

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 Accident
Incident Date: 
Tuesday, January 26, 1993
Result Date: 
Friday, March 3, 1995
Monetary Result: 
$984,254
  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.

Los Angeles jury awards motorcyclist after he suffers injuries in an accident with a dump truck

Accident Type: 
Motorcycle Accident
Incident Date: 
Tuesday, May 1, 1990
Result Date: 
Monday, May 18, 1992
Monetary Result: 
$658,784
  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.

Los Angeles family and their lawyers win their wrongful death suit against an ambulance company after a father dies while being transported to the hospital following a motorcycle race accident

Incident Date: 
Sunday, January 1, 1989
Result Date: 
Wednesday, January 1, 1992
Monetary Result: 
$500,000
  Mr. Mansur, a 59-year-old electrical contractor was injured in an accident during a motorcycle race near Los Angeles, California. While he was being transported to a hospital he succumbed to his injuries, resulting in his death. Mr. Mansur's wife and two children decided to sue the company which managed the ambulance he was riding in, Schaefer Ambulance, for wrongful death. They stated that he was not transported to the hospital in a timely mannner. They pointed out that he had survivable injuries, and that he would have survived if the ambulance company had transported him in time to the hospital.  The ambulance company and their lawyers coldly argued that Mr. Mansur's injuries were not survivable. They claimed his injuries, a collapsed lung, a ruptured spleen, and fractures to his shoulder and arm, were not survivable injuries. These injuries are, in fact, common injuries in motorcycle accidents where the injured rider survives. They further argued that the race promoters, not themselves, determined what equipment and personnel were needed and controlled the rescue operation. They also contended that a released signed by Mr. Mansur barred him from suing. The jury sided with Mr. Mansur's family and their lawyers, awarding them $500,000.