Liability is disputed when auto driver loses control, crosses lanes and strikes motorcycle. Defendant driver says motorcycle was tailgating.
Kirby & Kirby by Steven C. Kirby, Margaret Kirby and James W. Kirby, Redondo Beach.
Santana, Tcheng, Vierra & Symonds by H. Gregory Nelch, San Francisco.
Varqua Rouhipour, M.D., orthopedic surgery, Campbell.
Jafar Tay, M.D., vascular surgery, San Jose.
Jerome Barakos, M.D., radiology, San Francisco.
Edward Littlejohn, M.D., orthopedic surgery, Los Gatos.
Robert Lucero, M.D.
Zepure Kouyoumdjian,M.D., neurology, Morgan Hill.
Trigg McClellan, M.D., orthopedic surgery, San Francisco.
William Hoddick, M.D., radiology, Walnut Creek.
Joseph Yates, B.A., accident reconstruction, Seal Beach.
Eric Rossetter, Ph.D., P.E., accident reconstruction, San Francisco.
Plaintiff was riding his motorcycle on the 101 Northbound north of Morgan Hill at 9:00 a.m. on a Monday morning during rush hour. Defendant was directly ahead of plaintiff in a motor vehicle. Defendant was allegedly distracted by a shiny custom plate on another vehicle and did not see traffic begin to slow down. When he looked up and saw traffic begin to slow, he slammed his brakes and began fishtailing in the number 1 lane.
Upon seeing this happen in front of him, plaintiff moved to the number 2 lane. Defendant lost control of his vehicle, hit the car in front of him, and then swerved right and hit plaintiff in the number 2 lane before dragging plaintiff and his motorcycle across 2 more lanes of traffic to the dirt shoulder.
Plaintiff contended that defendant was inattentive and speeding in the #1 lane of the 101 N/B. That defendant started fishtailing and lost control of his car, prompting plaintiff to move into the #2 lane. That defendant then hit a vehicle in front of him in the #1 lane and this caused defendant to go into the #2 lane out of control where he hit plaintiff on his motorcycle.
Defendant contended that plaintiff was tailgating the defendant and that when defendant lost control, plaintiff was right behind the defendant. As defendant moved into the #2 lane, so did the plaintiff as they were only 26 feet apart and they collided in the #2 lane when defendant lost control.
Dislocation and hip fracture (blow-out of the Acetabular wall) requiring surgery and internal fixation; blood clotting with vascular surgery due to the clotting.
Retrial was required on issue of Comparative Fault due to a missing instruction on the Jury Verdict Form resulting in the jury providing plaintiff was negligent but not a substantial factor and an apportionment of 70-30. Judge ordered new trial ONLY on plaintiff's comparative fault, as damages and defendant's negligence were settled.
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
© Copyright 2023 by Neubauer & Associates, Inc. All rights reserved. www.juryverdictalert.com