Motorized bike in crosswalk hit by right-turning motorist; $12,950 net plus costs and attorney fees. Los Angeles County.
Electric bike rider, illegally riding in crosswalk, is struck by motorist turning right. Defense denies liability.
- Case Name: Roldan v. Flores
- Court and Case Number: Los Angeles Superior Court / BC495849
- Date of Verdict or Judgment: Friday, July 18, 2014
- Date Action was Filed: Monday, December 03, 2012
- Type of Action: Vehicles - Intersection, Vehicles - Motorcycle , Vehicles - Right Turn, Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Anthony J. Mohr
- Plaintiffs: E. Roldan, 39, dry cleaning employee.
- Defendants: M. Flores
- Type of Result: Jury Verdict
- Gross Verdict or Award: $18,500
- Net Verdict or Award: $12,950
- Contributory/Comparative Negligence: 30% to plaintiff
- Economic Damages:
Medical expenses: $11,000
- Non-Economic Damages:
Pain and Suffering: $7,500
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 1.5 hours
- Post Trial Motions & Post-Verdict Settlements: Plaintiff's CCP §2033.420 Motion for Costs of Proof was granted in the amount of $46,000.
- Attorney for the Plaintiff:
B&D Law Group, APLC by Sandeep G. Agarwal (First Chair), Chantly M. Geoulla and Daniel D. Geoulla, Beverly Hills.
- Attorney for the Defendant:
Wade & Lowe PC by Geoffrey T. Hill, Irvine.
- Plaintiff’s Medical Expert(s):
Jacob Tauber, M.D., orthopedic surgery, Glendale.
- Defendant's Medical Expert(s):
Stephen Kay, M.D., orthopedic surgery, Los Angeles.
- Plaintiff's Technical Expert(s):
Brad Avrit, civil engineering, Marina del Rey.
- Defendant's Technical Expert(s):
Gerald Bretting, PE, accident analysis, El Segundo.
Facts and Background
- Facts and Background:
On December 12, 2010 plaintiff was crossing the street on a motorized bicycle when he was struck by the defendant driver of a Honda Accord who was making a right turn at the intersection of Western and 22nd Street in Los Angeles.
Plaintiff was knocked off his bicycle and was injured. There was a stop sign rather than a traffic light at the intersection for the defendant driver. An ambulance arrived, but plaintiff did not have insurance and was afraid of the ambulance bill. The hospital was very close, so plaintiff took himself there instead. Plaintiff later followed up with a medical doctor and a chiropractor.
- Plaintiff's Contentions:
That defendant was negligent for not having yielded the right of way to plaintiff who was already in the crosswalk. That defendant failed to ensure that the crosswalk was clear before driving forward.
- Defendant's Contentions:
Defendant denied all liability because plaintiff was illegally riding a motorized bicycle in the crosswalk. Defendant also contended that some of the medical treatment was excessive and/or unnecessary.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Plaintiff suffered injuries to his neck, back, arm, and shoulders. He also suffered from headaches, cuts and bruises.
- Special Damages Claimed - Past Medical: Approximately $14,000
Plaintiff had served a CCP § 998 offer for $15,000.00 (inclusive of fees and costs). Defendant had denied all liability and allowed this to lapse. Defendant's best offer was $2,000. Plaintiff beat his CCP §998 offer and is entitled to his expert costs. Plaintiff attorney says that with the addition of the CCP §2033.420 attorney fees and costs and the CCP §998 costs, the net recovery will be over $80,000.
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