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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 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.

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.

Family of business owner and their lawyers win a wrongful death suit against a produce company whose driver struck and killed their father in Los Angeles, California

Accident Type: 
Pedestrian Accident
Incident Date: 
Friday, January 1, 1993
Result Date: 
Sunday, January 1, 1995
Monetary Result: 
$641,095
  Mr. Stone, a 79-year-old business owner was walking in a crosswalk in Los Angeles in January 1993 when he was struck by a truck operated by an employee of Bangkok Produce, Inc. He was unconcious and survived for ten days after the accident before he died. He was survived by three adult children. The driver reported the accident to the police an hour after it occured and said he was not aware that he struck Stone until he saw the ambulance taking him away. He later recanted, however, and said that the police did not correctly record his statement. There were two witnesses who were unable to positively identify the driver of the truck.  Mr. Stone's family decided to sue Bangkok Produce in a wrongful death suit. They and their lawyers contended that the driver failed to stop after the accident, and did not inform police until he learned that there were witnesses to the accident, but later recante when he understood that the witnesses were unable to identity him. Bangkok Produce and their lawyers argued that the police made many mistakes on the report because the driver was unable to speak English and had limited education.  Ultimately the parties settled for $575,000. They additionally claimed $31,674 for medical expenses and funeral costs and $44,421 interest, and also additional expenses, totalling $641,095.

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.