Facts

Plaintiffs Ken Korsmo and Carol Korsmo were riding a tandem bike on the American River Bike Trail in Folsom around 7:30 p.m. on June 2, 2014, while defendants Madalyn Ashby and Julio Lawrence were walking side by side ahead of them on the same bike trail. The bike trail has two lanes, pedestrians should walk on the left and bicyclists should ride on the right. Plaintiffs were turning a corner at approximately 10 mph as defendants came into their view. Plaintiffs rang the bicycle bell for defendants to clear the lane they were allegedly encroaching on. Lawrence moved left and Ashby moved right. Ken intended to ride between the two, but Lawrence called Ashby back to the left lane and the bicycle struck Ashby as she moved to cross lanes. The bicycle then crashed causing injuries to plaintiffs.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants were negligently encroaching the bike lane on the bike trail. Plaintiffs also contended that defendants acted unsafely after they heard plaintiffs ring the bicycle bell.

DEFENDANTS' CONTENTIONS: Defendants contended that they reacted appropriately to the sudden emergency and that plaintiffs acted negligently in failing to slow down or engage in further communications with them before attempting to pass.

Injuries

Plaintiff Carol Korsmo suffered a fractured vertebral endplate, clavicle, and rib fractures. Carol Korsmo also suffered a severe brain injury and liver laceration. Plaintiff Ken Korsmo suffered a concussion and rib fracture.

Result

The jury delivered a mixed result. It apportioned 60 percent of liability on Madalyn Ashby, 24 percent on Ken Korsmo and 16 percent on Julio Lawrence and returned a verdict in the amount of $10,172,392 against Julio Lawrence. Madalyn Ashby entered into a $300,000 settlement with plaintiffs after two days of trial and the court granted her Good Faith Settlement motion.

Deliberation

five hours

Length

11 days