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Personal Injury
Auto v. Bicycle
Negligence

Edward L. Hendrickson v. Tomai T. Dizon

Published: Nov. 16, 2013 | Result Date: Oct. 31, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CIVRS1110896 Verdict –  $19,981

Court

San Bernardino Superior


Attorneys

Plaintiff

Linda M. Battram


Defendant

Eric W. Bladh


Experts

Plaintiff

Steven Graboff
(medical)

Christopher Gayner
(technical)

Defendant

Daniel E. Kaplan M.D.
(medical)

Facts

On Jan. 14, 2010, Edward Hendrickson, who was in his 50s, was riding his bicycle on Fairmont Way in Rancho Cucamonga. As he entered an intersection with Kenyon Way, a vehicle driven by Tomai Dizon also entered the intersection. Hendrickson fell off of his bicycle and suffered injuries. He sued Dizon.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant negligently operated her vehicle because she did not stop at a stop sign before driving into the intersection and failed to see plaintiff on his bicycle. Plaintiff claimed he tried to avert the collision by making a left turn, at which point his bicycle flipped over.

DEFENDANT'S CONTENTIONS:
Defendant contended that she came to a complete stop at the stop sign and drove into the intersection only after determining it was safe to do so. Dizon claimed that plaintiff crashed into her vehicle and was biking at an excessive rate of speed.

Injuries

Plaintiff suffered acromioclavicular joint (the junction between the highest point of the shoulder and the clavicle) separation, contusion, clavicle fracture, rib fracture, knee injury and rotator cuff tear. He also received physical therapy.

Result

On Oct. 31, San Bernardino Superior Court Judge Keith D. Davis signed a judgment for plaintiff in the amount of $16,708.15, plus damages in the amount of $3,272.48, for a total of $19,980.63.

Other Information

INSURER: Allstate Insurance insured Dizon.

Length

three days


#118646

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