Patrick Celeski, Elizabeth Celeski v. Diana Mae Pacini
Published: Dec. 24, 2010 | Result Date: Jul. 29, 2010 | Filing Date: Jan. 1, 1900 |Case number: CGC-09-488757 Settlement – $250,000
Facts
On Aug. 15, 2008, Patrick Celeski was riding his motorcycle northbound on Franklin Street in the easternmost lane when he collided with a vehicle driven by Diana Pacini at the intersection of Sutter Street. Pacini's vehicle struck the motorcycle's right side, causing Celeski to veer into another lane, striking the right side of another vehicle, at which point Celeski was ejected. Celeski was thrown 15 feet, and struck the ground on his left side.
Contentions
PLAINTIFF'S CONTENTIONS:
Celeski filed suit against Pacini, alleging motor vehicle negligence. Celeski contended that Pacini was trying to parallel park when she suddenly pulled her vehicle into traffic and blindsided him. Celeski further alleged that Pacini continued driving after the accident, cutting across three lanes and then striking a fire hydrant before stopping. Celeski stated that Pacini was found at fault for the collision in violation of California's Vehicle Code for unsafe and improper turn onto a roadway. Celeski also claimed Pacini told the investigating officer that she was regularly taking a number of strong prescription medications, which had known side effects of drowsiness, dizziness, and fatigue.
DEFENDANT'S CONTENTIONS:
Pacini claimed that she had taken the prescription drugs the night before the accident, and they did not affect her ability to drive. Pacini also contended that she could not recall the incident.
Damages
Celeski sought $93,550.66 in past medical damages as well as $16,384.72 in past lost wages, and total special damages of $109,935.38. Celeski's wife also filed a loss of consortium claim.
Injuries
Celeski sustained two rib fractures, as well as evidence of hemorrhaging under the skin. Celeski also suffered from a displaced fracture of the midshaft of the left radius and ulna, and underwent open reduction internal fixation surgery.
Result
The parties reached a settlement for $250,000.
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