Facts

Michael Caudill was driving his motorcycle southbound on Tamalpais Avenue in San Rafeal as Sabrina Denebeim, coming from the northbound side of Tamalpais Avenue, was making a left turn onto Third Street. The two vehicles collided. The collision ejected Michael from his bike onto Sabrina's windshield, where he bounced off and landed on the road. Michael injured his left knee in the collision and sued Sabrina and the owner of her vehicle, Joel Kaminsky, as a result.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant negligently operated her vehicle and caused the collision. Plaintiff also contended that Joel was vicariously liable for defendant's actions causing and stemming from the collision. Plaintiff contended that he shattered his left knee and fractured his patella into five pieces in the collision and as a result, suffers from traumatic arthritis that will require him to undergo at least two future procedures. Plaintiff further contended that defendant's actions caused him to miss work due to his injuries and that the treatment necessary for his injuries would require him to spend time away from work after each procedure.

DEFENDANT'S CONTENTIONS: Defendant conceded liability, but contended that defendant had just left a bar before the collision occurred. Defendant also contended that another vehicle turning at the same time as defendant blocked her view of plaintiff as defendant approached the intersection. Defendant also contended through its orthopedic expert that plaintiff intentionally altered his gait when presenting for examinations relevant to this case to exaggerate the severity of his injuries. Defendant's expert contended that plaintiff's examination presented no abnormalities in his gait associated with his claimed injures. Defendant further contended through its medical expert that plaintiff had not developed signs of arthritis and would not require more than two surgeries to fic the problem.

Damages

Plaintiff's initial recovery demand of over $110,000 in past medical costs was partially reduced by MediCal.

Result

The parties entered a $700,000 settlement agreement.

Other Information

The settlement is intended to cover the cost of plaintiff's past and future surgeries, lost wages and general damages.