Advanced Search
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.
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.
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.
Deceased motorcyclist's parents and their lawyers win their case against a laundry company after one of their drivers struck and killed their son
Accident Type:
Motorcycle AccidentIncident Date:
Monday, February 1, 1988Result Date:
Saturday, December 1, 1990Monetary Result:
$850,000Topics:
Mr. Martin, a 23-year-old airline baggage clerk was riding his motorcycle in February, 1988 when it collided with a laundry delivery truck owned by Peerless Laundry making a left turn into Martin's path. Mr. Martin died as a result of the accident.
Martin's parents decided to sue the laundry company for the wrongful death of their son. During the trial, it was revealed that the driver at the time was actually an accounts-payable clerk who happened to be filling in as a driver that day. Martin's parents and their lawyers argued that the laundry company was negligent in using an untrained employee as a driver, and that the driver was searching for an address at the time of the accident. They produced witnesses that stated that their son was driving within the speed limit with his headlight on at the time of the crash.
The dendant laundry company contended that the driver was not negligent. They argued that Martin was driving over 100 MPH at the time of the crash without his headlight on.
In the end, the jury sided with Martin's parents and their lawyers, awarding them $850,000.
Lawyers of deceased youth's parents win their clients $567,345 after their son died in a motorcycle accident with a commercial vehicle
Accident Type:
Motorcycle AccidentIncident Date:
Friday, May 8, 1987Result Date:
Monday, April 2, 1990Monetary Result:
$907,751Topics:
Court:
Contra Costa Superior Court
This accident was occured when a 17-year-old motorcyclist collided with a commercial vehicle at a busy intersection, resulting in the youth's death.
The incident occurred at 7 p.m. on May 8, 1987 in clear weather, at an intersection with two lanes and a left hand turn lane running south to north and two lanes north to south, in the City of Lafayette, California. Michael Richardson, 45-years-old and Audrey Richardson are the parents of a 17-year-old boy who was killed in a motorcycle accident. They argued that an employee of the defending copmany, Style Master Exteriors, who was driving a car, took an illegal left turn which blocked the boy’s right of way. The boy’s motorcycle crashed into the car, and he died at the site of the accident. The parents claimed the illegal left turn was the cause of the accident and that the driver, and therefore his comapany as well, were the negligent party.
The case was settled against the driver himself before trial for his insurance policy limits of $15,000. The driver's employer, Style Master Exteriors, argued the crash was caused by the negligence of the motorcycle rider. They alleged that the motorcyclist was racing with another boy. They claimed he therefore was driving too fast and following the other boy too closely, and that this caused him to be inattentive to vehicles in the intersection. The employer further claimed that, because the boy died of a head injury and was not wearing a helmet, his injuries were caused by his own negligence. The vehicle driver's employer also claimed the boy’s mother negligently entrusted her son with the motorcycle.
Ultimately, the Richardsons won their suit against the employer of the vehicle's driver, Style Master Exteriors. The total amount awarded to the deceased motorcyclist's parents totaled $907,751. Their son, however, was found to be 37.5% at fault, and therefore the total amount they recieved totaled $567,345.