Rogelio Quezada, Paola Quezada v. Carlos Paiva, Angelica Lutheran Church
Published: Mar. 29, 2001 | Result Date: Mar. 8, 2001 | Filing Date: Jan. 1, 1900 |Case number: TC012265 Verdict – $843,147
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Patrick P. McNicholas
(McNicholas & McNicholas)
Matthew S. McNicholas
(McNicholas & McNicholas LLP)
Defendant
Bruce E. Disenhouse
(Disenhouse Law APC)
Facts
The plaintiff was driving a Kawasaki Ninja motorcycle eastbound on El Segundo Boulevard. El Segundo had two
lanes of travel in both directions (eastbound and westbound), a center left-hand turn lane, and a parking lane
along the curb on both sides of the street. The plaintiff was stopped at Mona for a red light. When the light
turned green, the plaintiff accelerated away and impacted the van approximately 311 feet from the Mona
intersection.
The defendant was driving a Ford Econoline 18 passenger van. The van was parked along the curb lane, facing
eastbound, prior to the accident. As the plaintiff was accelerating away from Mona, the defendant made a u-
turn from the curb lane, where he was parked. Seeing the van pull out from the curb, the plaintiff tried to stop
the motorcycle by applying the brakes. The plaintiff laid down 43 feet of skid. At which point, the motorcycled
laid down on its side, sliding an additional 110 feet. The plaintiff slid into the van during its u-turn, wherein
the left rear tire partially ran over the right side of the plaintiffÆs back. The impact was in the number two lane.
The posted speed limit was 35 mph. The plaintiff admitted to driving above the speed limit at 45 mph.
Settlement Discussions
The defendantÆs liability expert testified that the plaintiff was traveling at least 52 mph and probably over to 60 mph. The plaintiffÆs liability expert testified that the plaintiff was traveling 45 and 50 mph. It was uncontested that if the plaintiff had been going the speed limit, he would have been able to stop short of the impact scene.
Specials in Evidence
$110,000 $60,000
Damages
The plaintiff wife claimed loss of consortium.
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