Confidential

Facts

Plaintiff was bicycling on a sidewalk in the opposite direction of travel. Plaintiff rode his bicycle into the side of a vehicle as it was exiting a mall parking lot fell into the bicycle lane, and was struck by the vehicle.

Plaintiff sued the driver and the owner of the mall.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the vehicle failed to safely exit the driveway, and failed to stop after the initial impact. Plaintiff and defendant driver claimed a shopping center sign was a visual obstruction of the sidewalk.

DEFENDANT'S CONTENTIONS: Defendants claimed that plaintiff had designated bicycle lanes on the street that should have been used. Defendants claimed that plaintiff's riding on the sidewalk against traffic was unsafe. Defendants further claimed that plaintiff failed to keep a proper lookout as he approached the driveway.

Specials in Evidence

Meds: $250,000 Future Meds: $80,000 (disputed)

Injuries

Plaintiff suffered urethra injuries and pelvis fracture.

Result

The case settled for $3 million, which included $2.9 million from the driver's insurance, and $100,000 from the mall owner.