Facts

On January 22, 2014, plaintiff Aaron Horowitt, 23, was riding his bicycle on East Hedding St. in San Jose, heading east toward the intersection of 7th Street. Defendant David Hioki was driving an Acura CL heading west on East Hedding Street. A collision occurred. Plaintiff sued Hioki, the owner of the vehicle, Judy Ohki, and Hioki's employer, Silicon Valley Restorations Inc.

Silicon Valley Restorations was later dismissed after it was determined that Hioki was not acting in the course of employment at the time of the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant Hioki's vehicle struck his vehicle in the intersection as Hioki was attempting a left hand turn. Horowitt hit the windshield and suffered injuries to his left arm and leg. Horowitt claimed that he had the right of way and that Hioki was negligent in the operation of the vehicle because he was not paying attention and failed to see him before turning. He also alleged that Ohki was vicariously liable for Hioki's actions.

Specials in Evidence

Horowitt claimed medical expenses of $353,956.

Injuries

Horowitt's claimed fractures to his leg's tibia and fibula as well as fractures in his left elbow.

Result

The parties settled for $100,000, the limit on Hioki and Ohki's insurance policy.

Other Information

Post-trial, Horowitt sought additional recovery via the underinsured-motorist provision of his insurance policy.