Facts

Michael Mazurek was riding his bicycle to work at the Naval Medical Center in San Diego where he served as an orthopedic trauma surgeon for the U.S. Navy when he was struck by a medical transport van operated by Gustavo Gonzales while he was making a right turn into a Walmart parking lot. Mazurek struck the back and right side of the van, causing him to slide under the rear tire of the vehicle, which ran over him. He died three weeks later from injuries sustained in the accident.

Lisa Seligman-Mazurek, the decead's surviving spouse, and his children, Adam, Dylan, and Spencer Mazurek sued Gonzales and American Medical Response Inc., the employer and owner of the van, for negligence, wrongful death, and vicarious liability.

PLAINTIFFS' CONTENTIOSN: Plaintiffs contended that Gonzalez cut off the decedent while making a non-emergency right turn onto the store's parking lot. Plaintiffs further contended that Mazurek was traveling at 30 miles per hour just seconds before impact, as indicated in a GPS computer mounted on the decedent's bike, which was under the posted speed limit of 35 mph.

DEFENDANTS' CONTENTIONS:
Defendants contended that decedent ran a stop sign prior to the point of impact and Gonzalez claimed he did not see the decedent even after he checked his rearview mirror twice before his turn.

Damages

Plaintiffs sought $10.1 million to $13.2 million in economic damages, including decedent's past and future lost earnings. Plaintiffs further sought $8.2 million in non-economic damages. Defendants did not dispute the decedent's injuries and death were caused by the accident. They contended, however, that the main causes of his death were his unsafe speed, aggressive bike riding and inattention to the van.

Injuries

Mazurek was rushed to the emergency room by ambulance. He sustained numerous internal injuries including a torn colon, spleen, and liver. He also suffered from a loss of vision due to systemic shock. He was transferred to UCSD Medical Center for hyperbaric oxygen therapy. His condition continued to decline, however, and he went into liver, renal and respiratory failure. He died as a result of his injuries.

Result

The jury found defendants 75 percent liable for the accident, and attributed 25 percent fault to the decedent. Plaintiffs were awarded $17,440,564 in total damages, reduced by 25 to $13,080,423.

Deliberation

1.5 days

Length

nine days