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.
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