Doe Motorcycle Driver and Passenger v. Roe Bus Driver
Published: Jul. 9, 2011 | Result Date: Feb. 14, 2011 | Filing Date: Jan. 1, 1900 |Settlement – $2,950,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Gregory R. Vanni
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Sean T. Cahill
(Cahill & Associates)
Experts
Defendant
Thomas J. Wegman
(medical)
Anthony H. Alter
(medical)
Facts
On Aug. 17, 2008, a driver was driving a motorcycle with a passenger on SR-243 in an unincorporated area of Riverside County in a group of seven motorcyclists when a large bus pulled out into the highway. Driver swerved to avoid the bus and hit soft dirt on the road's shoulder, causing Driver to lose control and fall off the motorcycle, along with Passenger.
Contentions
PLAINTIFF'S CONTENTIONS:
Driver and Passenger filed suit against the bus driver.
DEFENDANT'S CONTENTIONS:
The bus driver contended she never crossed the center line and that the motorcycle should have avoided going off-road. She alleged that Driver failed to maintain proper control of his motorcycle, as the other riders in his group were able to do.
Damages
Driver sought $211,862 in past medical expenses, as well as $160,000 in lost earnings damages. Passenger sought $147,336 in past medical and lost earning damages of $60,000.
Injuries
Driver sustained a pelvic fracture, a torn meniscus in his knee, and a closed-head trauma. Passenger suffered bilateral major ankle fractures, loss of consciousness, and residual pain.
Result
The parties reached a settlement for $2,950,000.
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