Facts

On Jan. 24, 2006, plaintiff Earl Detrick, a 41-year-old medical equipment/supply salesman, was riding his bicycle eastbound on Driver Avenue in front of Agoura Hills High School, between eastbound traffic and parked vehicles on the south side of the street. The defendant's minor son, a front seat passenger in the defendant's vehicle, opened his door while the defendant's vehicle was still in traffic and struck the plaintiff causing him to fly off his bicycle into a parked car. The plaintiff was an experienced bicycle rider and in fact instructed on proper operation of bicycles.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent for opening the passenger door into traffic in violation of Sections 22517 and 21202 of the Vehicle Code.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff was negligent as determined by the police report.

Settlement Discussions

The defendant conceded 50 percent liability and offered $25,000 prior to litigation. The plaintiff lowered his demand to $85,000 at the mediation.

Specials in Evidence

$28,000 $3,500

Injuries

The plaintiff sustained a dislocated left shoulder with torn rotator cuff requiring surgical intervention.

Result

The case settled for $50,729, which included 100 percent of the damages to plaintiff’s bicycle.