Facts

Michael Spriesterbach was riding his bicycle on the sidewalk when he was struck by a vehicle operated by Janice Holland, exiting a parking lot.

PLAINTIFF'S CONTENTIONS:
Spriesterbach claimed that Holland failed to yield as she exited the parking lot. She was looking left and did not notice his bike as she accelerated. The front of Holland's car hit his bicycle, causing him to land on the street.

DEFENDANT'S CONTENTIONS:
Holland argued she was not at fault and Spriesterbach was the sole proximate cause of the accident. She claimed he was riding his bicycle on the sidewalk in the wrong direction in violation of California Law (rel. Code Sect. 21650.1), and failed to ascertain that Holland had seen him before riding in front of the car.

Damages

Plaintiff sought $94,562.07 in past medical costs and an unspecified amount for pain and suffering.

Injuries

Spriesterbach felt shoulder pain that required an arthroscopic surgery on his left shoulder to repair. He claimed to still experience residual pain and a reduced range of motion.

Result

The jury ruled for the defense.

Other Information

There is a motion for new trial pending as well as an appeal regarding the jury instructions administered by the Judge.

Deliberation

one hour

Poll

9-3

Length

five days