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Personal Injury
Auto v. Bicycle
Left Turn Collision

Joan Muhlfelder v. Donald D. McCauley

Published: Sep. 27, 2014 | Result Date: Mar. 11, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1-12-CV-238007 Settlement –  $850,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Ara R. Jabagchourian
(Law Offices of Ara Jabagchourian PC)

Christopher Lavorato
(Howry, Breen & Herman LLP)


Defendant

Michael J. Dodson
(Jeanette N. Little & Associates)


Facts

Joan Muhlfelder sued Donald McCauley, in connection with a bicycle-motor vehicle collision.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was riding her bicycle along Magdalena Rd. in Los Altos Hills when she collided with a vehicle operated by defendant as she was crossing the intersection with Ravensbury Ave. Plaintiff alleged that, at the time of the collision, defendant was attempting a left turn from the opposite direction of Magdalena onto Ravensbury. Plaintiff alleged that she could not avoid colliding with defendant, who turned directly in front of her bicycle. As such, plaintiff alleged that defendant was liable for the collision, which she claimed caused injuries all over her body. Plaintiff asserted a claim for negligence. Plaintiff accused defendant of being inattentive despite his claim of being blinded by the sun.

DEFENDANT'S CONTENTIONS:
Defendant alleged that he was traveling very slowly and did not notice any bicycle prior to approaching his turn. He also claimed that the sun was in his eyes when the accident happened. Moreover, defendant claimed that plaintiff could have avoided the collision if she was not riding too fast. Defendant also disputed the extent of plaintiff's injuries, claiming she had pre-existing back conditions unrelated to the collision. Defendant contended that plaintiff's injuries were resolved.

Damages

According to plaintiff, Muhlfelder sought $112,000 in past medical expenses and an unspecified amount for pain and suffering. According to defense, in addition to past medical damages, plaintiff sought more than $1 million in future medical expenses and lost wages.

Injuries

Mulfelder claimed she fractured her left ankle, left hand, sternum, and spine. She also claimed she sustained hematomas, as well as strains and sprains in her lower back. She underwent pain management and physical therapy, and later underwent surgery to her hand and back. Despite the surgeries and treatment, she continued to experience pain and discomfort.

Result

The parties settled on the third day of trial for $850,000.

Other Information

According to defense, the case settled for $850,000 following Opening Statements and first witness called by plaintiff. FILING DATE: Dec. 18, 2012.


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