Facts

On Jan. 19, 2009, plaintiff Ryan Cordes, a 28-year-old auto parts store employee, was riding his bicycle when he was struck by defendant Barouch Ben-Zion's Audi, while Ben-Zion was making a left turn at a traffic-controlled intersection in Santa Rosa. Each party had a green light. Plaintiff was traveling 35 to 40 mph in posted 35 mph zone.

The defendant was cited for violating plaintiff's right-of-way (California Vehicle Code section 21801).

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant is liable for the accident and further disputed the defendant's contentions.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff's front light did not have proper illumination capacity as required by the vehicle code and that plaintiff should have anticipated the defendant's left turning maneuver as he had time to observe the defendant's vehicle prior to the collision. Defendant also contended that plaintiff was riding too fast for the conditions.

Specials in Evidence

$20,000 Estimated at $30,000 (disputed).

Injuries

Plaintiff sustained multiple bruises and abrasions, avulsion fracture of the carpus of the right radius, comminuted fracture of the hook of the hamate, wrist ligamentous rupture and cartilage damage, right-hand finger injuries including comminuted fractures of the proximal metacarpal shaft and base of the small finger, significant comminution of the base of the ring finger, and carpometacarpal fracture dislocations of the index and middle fingers. Dr. Tyler Harris performed an ORIF on the wrist using a plate, three screws, and two supplemental Kirschner wires. The small finger fractures were so complicated that Harris used a "bridge plate fixation" device to try to achieve normal anatomical positioning. The spanning plate and wires were removed in a second procedure two months after the ORIF. Plaintiff had a large L-shape incision on the dorsal portion of his hand and additional scarring on the volar portion of his lower right arm. Harris opined that it is more probable than not that plaintiff was at risk for developing arthritis because of the articular nature of the injuries and that he faced future surgeries including a fusion of the radiocarpal joint and a fusion of the ring and small finger carpometacarpal joints. The defense disputed the projection of future surgeries.

Result

The parties settled for $325,000.

Other Information

MEDIATOR: Fred Hirschfield, Santa Rosa.