Facts

Andrea Salvadei filed suit against David Alexander and Pauline Fox in relation to a collision between Salvadei's bicycle and Alexander's vehicle.

Fox contended she was not the owner of the vehicle and was dismissed.

PLAINTIFF'S CONTENTIONS: Salvadei contended that he was bicycling on Broadway, near its intersection at Lawton Ave., in Oakland, when he collided with a mid-size vehicle driven by Alexander. Salvadei alleged that Alexander was negligent and that Pauline Fox, the believed owner of the vehicle, was vicariously liable for Alexander's actions. Salvadei claimed that Alexander's vehicle was five yards ahead of him in the left lane, but negligently failed to yield to him and moved into the right lane where he was bicycling, causing the collision.

DEFENDANT'S CONTENTIONS: Alexander claimed he checked his mirrors to make sure it was safe to switch lanes, and Salvadei lost control of his bicycle as a result of speeding on an incline.

Damages

Salvadei sought recovery for past and future medical costs, property damages, and past and future pain and suffering.

Injuries

Salvadei struck his left hip when he fell off his bike, and alleged that he was unable to enjoy the quality of life he enjoyed prior to the collision. Alexander alleged Salvadei did not complete his initial physical therapy, underwent an MRI that showed no significant trauma, and despite Salvadei's claims of impacts to his daily life, he continued to coach soccer, ride his bike, and hike.

Result

The jury found Alexander was negligent and substantially contributed to causing Salvadei harm. The jury also found Salvadei was negligent and that his negligence was a substantial factor in causing harm to himself. The jury concluded Salvadei was 25 percent liable for the collision and that Alexander was 75 percent liable. The jury determined Salvadei's damages totaled $46,564, which included $2,657 in past medical costs, $30,000 in past pain and suffering, $10,000 in future pain and suffering, and $3,907 in property damage. Plaintiff should recover $34,923 after apportionment.