Stephen R. Symington, Erin Symington v. Reuben Turtletaub, California Lighting Sales Inc., Beverly Star Car Rental Inc.
Published: Sep. 28, 2013 | Result Date: Jun. 4, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00567499-CU-PA-CJC Settlement – $2,265,000
Court
Orange Superior
Attorneys
Plaintiff
Thomas A. Schultz
(Panish, Shea & Boyle LLP)
Defendant
Cleidin Z. Atanous
(Law Office of Cleidin Z. Atanous)
Marc H. Garber
(Law Offices of Muhar, Garber, Av & Duncan)
Facts
On Jan. 19, 2011, Stephen Symington was riding his motorcycle on Interstate 405. Rueben Turtletaub was driving in front of him. When Turtletaub attempted to exit the carpool lane by crossing over solid, double-yellow lines, his vehicle stalled. To avoid colliding with him, Symington rode his motorcycle down to the ground and was injured.
Syminton sued Turtletaub and California Lightning Sales Inc., Turtletaub's employer. Symington also sued Beverly Star Car Rental Inc., who had rented out the car Turtletaub was operating.
Contentions
PLAINTIFF'S CONTENTIONS:
Symington claimed that Turtletaub had negligently attempted to cross over solid double yellow lines, causing Turtletaub to later hesitate and stall his vehicle. As a result, Symington could not avoid colliding with Turtletaub without driving down his motorcycle. Turtletaub's negligence was the sole cause of the accident.
Symington also argued that he had not been speeding at the time of the accident, and Turtletaub lacked any evidence that he had been.
DEFENDANT'S CONTENTIONS:
Turtletaub claimed that he was only partially at fault, because Symington had been speeding and attempting to pass him in an unsafe manner.
Injuries
Symington sustained neck fractures and blunt force trauma to the head. He required several surgeries, including an open reduction with international fixation and a left hip revision. He was left with scars and chronic pain in his hip.
Result
The parties settled for $2,265,000.
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