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Personal Injury
Auto v. Motorcycle
Sideswipe Collision

Anthony Domenick Rossi v. Travis James Knuppe, and Does 1 through 20, Inclusive

Published: Mar. 4, 2017 | Result Date: Dec. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: RG15776112 Verdict –  $896,468

Court

Alameda Superior


Attorneys

Plaintiff

Gary B. Roth
(Boxer & Gerson LLP)

Eric S. Ritigstein
(Boxer & Gerson LLP)


Defendant

David J. Samuelsen
(Bennett, Samuelsen, Reynolds, Allard, Cowperthwaite & Gelini APC)


Facts

Anthony Rossi sued Travis Knuppe, in connection with a collision between a motorcycle cop and a vehicle that allegedly occurred on Sept. 16, 2013.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff, who was a CHP motorcycle officer, was riding his motorcycle on I-580 when defendant suddenly changed lane onto plaintiff's lane, striking plaintiff's motorcycle. Plaintiff was injured as a result and sued defendant for negligence. Defendant allegedly failed to make sure it was safe before changing lanes and that the lane change was unsafe. Plaintiff also denied lane-splitting when the incident occurred.

DEFENDANT'S CONTENTIONS:
Plaintiff was allegedly speeding while lane-splitting and should have anticipated defendant. Defendant also disputed the extent of plaintiff's claimed injuries, claiming that this alleged spinal injuries were brought on by old age and not the subject incident.

Settlement Discussions

Rossi made a CCP 998 demand of $2.1 million, which Knuppe countered with a $115,000 offer of settlement.

Damages

Rossi claimed his injuries resulted in his head being weak that his head could no longer support the weight of a motorcycle helmet. Consequently, he could no longer work as a motorcycle cop and had to work at a reduced salary. Among other things, he sought damages for lost income.

Injuries

Rossi lost consciousness at the scene and was rushed to the hospital. He sustained road rash injuries and injuries to his back. Post-accident, Rossi continued to suffer from dizziness, headaches, vertigo and other manifestations of post-concussion syndrome. Rossi claimed his head injuries resulted in the diminished executive functioning, impacting his daily living.

Result

Ultimately, the jury found Knuppe liable to Rossi in the amount of $896,468, consisting of $15,481 in past medical expenses; $26,578 in past lost earnings; $104,409 in future lost earnings; $200,000 in past pain and suffering; and $550,000 in future pain and suffering.


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