Facts

On June 20, 2011, Robert Baldino, 65, participated in "Race Across America," a bicycle trip to raise money for veterans. At approximately 6:15 a.m., Baldino was eastbound on U.S. route 160 in Navajo County, Nev., when he was struck on or near the shoulder of the highway by a truck operated by Ricky Richins. Baldino was injured as a result thereof and sued Richins as well as the owner of the truck, Hammon Trucking alleging negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant driver moved to the left to pass other bicyclists, and when he returned to his lane, he overcorrected and struck plaintiff at or near the shoulder. Witnesses claimed that the sun may have been a factor. They also claimed that the driver failed to slow down or exercise greater caution under the circumstances.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff was not properly operating his bicycle, and that plaintiff came into the path of the oncoming truck.

Damages

Baldino claimed that his medical bills ranged from $50,000 to $225,000.

Injuries

Baldino sustained injuries to his head, back, chest, right ankle, and internal injuries. He also suffered from event amnesia as a result of the accident. He continued to suffer from residual lower back pain, post-traumatic stress, and pain in his chest. He continued to have no memory of the accident.

Result

The parties reached a $750,000 settlement.

Other Information

INSURER: ACUITY insured both defendants.