John Doe v. Jane Doe
Published: Jun. 14, 2024 | Result Date: Apr. 15, 2024 | Filing Date: Nov. 20, 2023 |Settlement – $5,505,500
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Warren J. Binder
(Binder Law Group)
Defendant
Yaron F. Dunkel
(Tyson & Mendes LLP)
Facts
In September, 2023, at approximately 10:15 p.m., plaintiff John Doe was riding his 2020 Yamaha YZF-R3 motorcycle on a city street in Los Angeles traveling westbound. At that same time defendant Jane Doe was driving her vehicle on that same street traveling eastbound when she executed a left turn directly into the path of John Doe, thereby causing a collision. John Doe was ejected from his motorcycle and suffered severe and life-threatening personal injuries. The accident happened in Los Angeles County where the plaintiff filed his action. Plaintiff was transported via ambulance for emergency medical treatment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant made an unsafe left turn and was traveling at a high rate of speed. Plaintiff further contended that he had the right-of-way and that defendant was required to yield to all traffic and that defendant's negligence was the proximal and legal cause of all of plaintiff's injuries and damages.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was speeding and was comparatively negligent in causing the subject incident to occur.
Injuries
Plaintiff suffered injuries including, but not limited to, open left ulna and radius fractures, closed right ulna and radius fractures, le Forte fracture, left maxillary fracture, right lateral wall fracture, right lung contusion, small right pneumothorax, right scapular fracture, blunt cardiac injuries, hemoperitoneum, grade 1 liver laceration, periduodenal hemotoma, traumatic absence of left medial maxillar incisor, multiple extensive lacerations, knee injury, and a thumb injury. Plaintiff underwent multiple surgical procedures including an exploratory laparotomy, open reduction/internal fixation with the installation of plates and screws in both forearms, LeFort 1 and LeFort 2 surgical procedures involving open reduction/internal fixation, and maxillomandibular fixation. Plaintiff may require further surgical procedures on his thumb and to remove previously installed plates and screws in his bilateral upper extremities.
Result
The case settled for the defendant's policy limits of $5,505,500, ($500,000 bodily injury liability policy, $5 million personal umbrella policy, and $5,500 for property damage).
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