Facts

On March 21, 2010, at 12:20 p.m., plaintiff Dianora Powers was riding her bicycle westbound on Wilshire Boulevard in Los Angeles along with other bicyclists, including her husband, plaintiff Joseph Powers. Around that same time, defendant Ronald Tanzman, also travelling westbound on Wilshire Boulevard, was driving a 2007 Georgetown RV motor home owned and lent to him by defendant Denise Steve. Tanzman, approaching Dianora from behind, made an unsafe attempt to pass her on the left and, in so doing, the RV's rear passenger side struck Dianora' bicycle causing Dianora to fall off the bicycle and hit her head on the pavement.

Joseph was at the scene and personally witnessed the incident, including the aftermath.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Tanzman violated California Vehicle Code section 21750 (unsafe overtaking or passing on the left).

DEFENDANT'S CONTENTIONS:
Defendants contended that Dianora panicked and swerved into the rear quarter-panel of the RV and that she would have only had scrapes and bruises if she were wearing a helmet.

Settlement Discussions

After several months of discovery, defendants agreed to pay the full policy limits.

Injuries

Dianora Powers suffered serious injuries including but not limited to a traumatic brain injury, which required emergency craniotomy surgery. She complained of cognitive deficits and emotional issues. She was able to return to work full-time post-incident. Plaintiff Joseph Powers had a claim for loss of consortium.

Result

The case settled defendants' full insurance policies limits for $3,040,000.

Other Information

FILING DATE: July 15, 2010.