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Personal Injury
Bus v. Bicycle
Failure to Yield

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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