Facts

On July 11, 2011, at 4:50 p.m., plaintiff Max Schellentrager was riding his bicycle westbound on Broadway Avenue just east of the intersection of Broadway and Ocean Street in Santa Cruz. It was traffic proceeding downhill and cars were backed up on Broadway east of the stoplight at the intersection.

Plaintiff was riding his bicycle on the left side of Broadway in the wrong bicycle lane. Plaintiff saw defendant Kevin Davis, who was riding a Harley Davidson motorcycle passing the line of cars next to him, and at one point overtook the motorcyclist as they traveled down Broadway toward Ocean Street. Suddenly, Defendant accelerated and turned left into Plaintiff striking him on the right side and throwing him to the ground.

Davis told investigating officers that his intention was to get into the left turn lane, wait for the light to change, and make a left turn onto Ocean Street. He stated that as he approached the intersection, "his intentions changed to turning into the driveway of the Pacific Motel approximately 75 feet east of the intersection with Ocean Street."

A State Park Ranger, Sal Padone, who was waiting along with other motorists on westbound Broadway, stated that Davis passed the line of cars and suddenly turned left into the motel parking lot without ever looking to his left as he turned. According to Padone, had he "turned his head, he would have seen the bicyclist coming, but instead of turning his head, the motorcyclist turned his bike, which struck the bicyclist." The motorcyclist never applied his brakes prior to broadsiding the bicyclist.

Settlement Discussions

Plaintiff demanded the policy limits from his own uninsured motorist coverage (Geico) and settled for $15,000, and then demanded $350,000 from his father's uninsured motorist coverage (State Farm) and settled for $225,000.

Specials in Evidence

$16,415 $24,000 to $28,000

Injuries

Plaintiff suffered an enterotrochanteric right hip fracture with a butterfly fragment involving the lesser troch and medial wall of the proximal femur, approximately 6-7 centimeter in length. Surgery was performed with an intramedullary rod fixation with a hybrid nail to go down the full length of his femur and a screw or blade plate extending up and into his femoral head and neck. Plaintiff may require future surgery to remove the rod from his femur and may also require future total hip replacement due to this injury.

Result

The case settled for $240,000.

Other Information

Plaintiff was covered under his father's insurance because he still resides with his father in his father's house. Defendant never appeared in this case and was uninsured.