Facts

Frank Lessley was riding his bicycle in the bike lane when a Ford F-35 truck operated by Robert Warren struck him. Lessley was ejected from his bicycle and struck the truck. He landed on the concrete sidewalk. Lessley sued Warren and CW Excavation, the owner of the vehicle, and Chris Wortman, the owner of the company, for negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant-driver was originally stopped at the intersection at a red traffic light, but as soon as the light turned green, defendant-driver accelerated forward and initiated a left turn, entering the bike lane just as he entered the intersection. Plaintiff contended that defendant-driver failed to yield the right of way to oncoming traffic and to those in the bike lane. Plaintiff further contended that defendant-driver was driving the truck to a work site and was therefore in the course and scope of employment when the accident took place.

Damages

Lessley sought $184,259 in total medical expenses, $142,323 of which was paid by insurance. He also sought recovery for past pain and suffering.

Injuries

Lessley was taken by ambulance to the hospital and was later airlifted to a medical center where he was hospitalized for three days. He sustained a closed head injury, including an injury to his left frontal lobe. He also sustained a blunt facial trauma, multiple facial fractures, a fractured spinal process, and a fractured left clavicle.

Result

The parties agreed to a pretrial settlement of $240,000.