Bicyclist v. Multi-National Corporation
Published: Mar. 10, 2012 | Result Date: Feb. 10, 2012 | Filing Date: Jan. 1, 1900 |Settlement – $6,000,000
Court
Orange Superior
Attorneys
Plaintiff
Daniel J. Callahan
(Callahan & Blaine)
Sarah C. Serpa
(Callahan & Blaine APLC)
Brian J. McCormack
(Callahan & Blaine APLC)
Edward Susolik
(Callahan & Blaine APLC)
Defendant
Tina I. Mangarpan
(Ford, Walker, Haggerty & Behar LLP)
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Kendall S. Wagner M.D.
(medical)
Daniel L. Gardner
(medical)
John P. Fiske
(Baron & Budd PC)
(technical)
Jon B. Landerville P.E.
(technical)
Sharon K. Kawai M.D.
(medical)
Alan W. Weinberger M.D.
(medical)
Michael Perrotti
(medical)
Facts
On Nov. 12, 2009, plaintiff bicyclist, age 29, was severely injured by an airport shuttle bus.
The defendants' shuttle driver pulled the shuttle bus up to the airport parking exit and stopped. As plaintiff proceeded to ride past the front of the shuttle bus, the shuttle bus accelerated forward, rolling over plaintiff, crushing his pelvis in several places.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was traveling in the bicycle lane, the area was brightly lit with overhead street lights and plaintiff's bicycle was equipped with a bright front headlight, which was on, and equipped with a flashing back light, which was on.
DEFENDANT'S CONTENTIONS:
The shuttle driver admitted that he did not see the cyclist approaching on his bicycle and failed to yield. Defendant claimed that plaintiff was on anti-anxiety medication (Xanax), had THC in his system at the time of the accident and was wearing dark clothing.
Settlement Discussions
Two days of mediation before mediator Robert Kaplan.
Specials in Evidence
$330,585 $637,546
Injuries
Plaintiff was left with chronic pain in his neck and back and pelvis, and other internal injuries.
Result
The case settled for $6 million.
Other Information
FILING DATE: April 6, 2010.
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