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17-year-old motorcyclist's lawyers win his case against doctors who fused his knee after he was injured in a motorcycle accident
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, January 22, 2015Result Date:
Thursday, January 22, 2015Monetary Result:
$323,831Topics:
A 17-year-old male sustained a permanently fused left knee when the doctors at the defendant hospital attempted to repair a severe femur fracture he received as a result of a motorcycle accident with another vehicle. The youth and his family contended that the doctors were negligent in setting the fracture and that it was unnecessary to fuse the left knee. The youth and his lawyers argued that he was not informed of the options and that the surgeons deviated from their original plan. The doctors' attorneys contended that the wound was so severely contaminated that they could not do an internal fixation as originally thought and that they provided the best possible care under the circumstances.
In the end, the jury ruled in favor of the youth, who received an award of $323,830.98.
Deceased motorcyclist's family and their lawyers win their case after their family member died in a motorcycle accident, striking a left-turning vehicle in Los Olivos, California
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, March 18, 2008Result Date:
Monday, April 27, 2009Monetary Result:
$814,055Topics:
On March 18, 2008, Lawrence Lovejoy, 74, was riding his motorcycle on Highway 154 in Los Olivos, California when a car operated by Harriet Ann Visscher turned left in front of him as it was entering the road. Lovejoy crashed into the side of the car. He died from injuries sustained in the accident, while Visscher died of a heart attack six hours later.
Lovejoy's surviving family sued Visscher's estate for motor vehicle negligence. The family and their lawyers argued that Visscher's negligent driving was the sole cause cause of the accidetnt.
At the time of his death, Lovejoy, a former California Highway Patrol officer, was a part-time employee with an auto parts company, earning 9$ per hour. His family claimed that Lovejoy could have been expected to live for another 10 years, during which time he would have continued working and also collecting his retirement funds from his career as an officer. They therefore sought lost wages due to his death.
In the end, the jury sided with Lovejoy's family, awarding them $814,055, of which $138,000 was for the economic support he would have provided the family, had he lived.
Motorcyclist's lawyers win his case after being injured in a head-on accident with a pickup truck
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, July 21, 2007Result Date:
Thursday, October 28, 2010Monetary Result:
$850,100Topics:
On July 21, 2007, at 10:40 a.m., Len Briese was riding his motorcycle west on Scotts Valley Road, east of Laurel Dell in an unincorporated Lake County, California. William James Tilley, a resident of Oklahoma, was driving his pickup truck with a trailer east on Scotts Valley Road and collided with plaintiff’s motorcycle. Tilley said he crossed over the center line in a curve and sideswiped Briese on his motorcycle.
As a result of the accident, Briese suffered a leg fracture, a degloving injury to knee and had to receive knee replacement surgery.
Briese sued Tilley for his negligence in causing the accident. Tilley did not contend that Briese had any fault in the accident. There were two attempts to mediate a settlement to the accident, however an agreement over the damages was not reached, and therefore the case went to court. In the end, Briese and his attorneys won, receiving an award of $850,100.
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 sues Carolina Cargo Company after being involved in an accident at an intersection in Salinas, California, winning $536,000
Accident Type:
Motorcycle AccidentIncident Date:
Thursday, July 13, 2006Result Date:
Thursday, April 15, 2010Monetary Result:
$536,000Topics:
On July 13, 2006, Michael Hull, a 56-year-old general contractor, was stopped on his motorcycle at an intersection in Salinas, California, when he was involved in a collision with an SUV driven by Maria Ramirez and a tractor-trailer owned by Carolina Cargo, Inc. of Rock Hill, South Carolina. Hull suffered torn rotator cuffs in both of his shoulders, requiring two surgeries to repar. He claimed that his injuries left him permanently unable to raise his dominant right arm above his shoulder, and that because of this, he will be unable to return to his job as a contractor.
Hull decided to sue Carolina Cargo, its owner Regina Wood, and Maria Ramirez. He and his lawyers claimed that the truck cut the corner while making a turn, striking a van stopped in front of his motorcycle and dragging Ramirez's SUV backwards, knocking him off of his motorcycle.
Ramirez was dismissed from the trial by Hull and his lawyers before the trial. Carolina Cargo and Wood, however, argued that the truck never left its lane of travel. They also argued that Hull would be able to recover from his injury and that he would be able to return to his work in the future.
In the end, the jury sided with Hull and his lawyers. He was awarded $536,000 for his medical expenses and lost wages.
Motorcyclist's lawyers win his case after he was involved in accident with a commercial truck, sustaining torn ligaments
Accident Type:
Motorcycle AccidentIncident Date:
Tuesday, January 24, 2006Result Date:
Tuesday, January 13, 2009Monetary Result:
$705,297Topics:
On January 24, 2006, 46-year-old ironworker James Jaworowski was riding his motorcycle on Bosworth Street in San Francisco, California when he was struck by a Mitchell Engineering truck driven by Finbar James Brody. As Jaworowski was riding his motorcycle in the right lane, Brody changed intersections, resulting in the collision between the vehicles. In the accident, Jawarowski suffered several ligament tears, requiring him to undergo physical therapy resulting in one year of missed work. He claimed to have ongoing pain following the accident.
Jawarowski decided to sue Brody and his employer. He and his lawyers argued that Brody failed to yield the right of way to Jawarowski. To these ends, Brody testified that he did not look in two of his three mirrors while changing lanes.
Brody and his attorneys contended, however, that Jawarowski was speeding the time of the accident.
In the end, the jury ruled in favor of Jawarowski, awarding him $705,297.32. He was found 15% liable, however. After reducing the award due to his liability and adjusting for the amount actually paid to his health care provider, he was awarded $530,874.57.
Off-duty officer injured in motorcycle accident with a car and his lawyers win their lawsuit against negligent motorist
Accident Type:
Motorcycle AccidentIncident Date:
Saturday, October 8, 2005Result Date:
Wednesday, March 3, 2010Monetary Result:
$742,907Topics:
Court:
Contra Costa Superior Court
On Oct. 8, 2005, Ronald Knittel, 50, a K9 officer with the federal government, was riding his motorcycle in Concord, CA. On the road ahead of him, motorist Nancy Choi was lost, looking for a soccer field. She pulled to the right to begin a Uturn, however Knittel misunderstood, thinking she was letting him pass. He attempted to pass her on the left within the lane. When Choi began the U-turn, Knittel swerved to the left in an attempt to avoid collision, but his motorcycle crashed into the left front side of her car. The motorcycle slid, hit the curb and threw Knittel roughly 15 feet onto the air, throwing him onto the asphalt.
Due to the accident, Knittel lost consciousness and experienced temporary lower extremity paralysis. He was hospitalized overnight, then released as stable. He claimed headaches, radiating arm pain, lower back and leg pain.
Knittel sued Choi for her negligence in causing the accident. Choi denied pulling to the right and testified that she activated her turn signal. She intended to pull into the driveway of an air ambulance business. Her lawyers argued that Knittel simply passed a slow-moving vehicle at approximately 50 mph only four feet to the left of the centerline and that he did not notice Choi’s turn signal as he was focused on an oncoming vehicle.
Knittel insisted that he could no longer take the pain and planned to retire in April 2010 at age 55 after 20 years of service. Although Knittel worked full time since his return to work in January 2006, due to his early retirement and inability to work overtime since the accident, Knittel contended that his pension would be less than it would have been, had there been no accident. Choi's attorneys responded that Knittel had only a transient aggravation to his preexisting chronic neck and back problems, for which he underwent three sets of MRIs (two neck, one back) before the accident.
Her attorneys also denied that Knittel needed surgery, contending that the accident caused a flare up or aggravation lasting about three months.
Ultimately, Knittel and his attorneys won, awarding him $742,907. Choi was determined to be 75-percent at fault, while Knittel was found to be 25-percent at fault.
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'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.
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.