Facts

Plaintiff Alan Rand was riding his 2002 Honda motorcycle in the number one lane, northbound on the Harbor freeway in Los Angeles. Near the marker for 83rd Street, the front of the motorcycle was struck by a van driven by defendant Danuel Allison and was owned by defendant Los Angeles Unified School District (LAUSD).

PLAINTIFF'S CONTENTIONS:
Rand contended that Allison caused the accident by making an unsafe lane change from the number two lane into the number one lane in violation of California Vehicle Code section 21658(a).

DEFENDANT'S CONTENTIONS:
The defense disputed liability as well as the nature and extent of Rand's disability. The defense claimed that Rand was under the influence of various drugs including Methadone (the plaintiff admitted he was taking the drug as part of a drug rehabilitation program) causing disorientation and resulting in Rand running into LAUSD's van.

Injuries

At the time of his ER admission, Rand complained of disorientation, chest pain, interior dislocation of the left shoulder, respiratory distress, left shoulder glenoid fracture, left shoulder rotator cuff tear, left shoulder bankart lesion, right radial wrist fracture, right tibia/fibula fracture, extensive road rash and multiple open wounds. During hospitalization at California Hospital Medical Center, Rand underwent a closed reduction of the left shoulder, open reduction and internal fixation of the right distal radius fracture and right scapholunate ligament repair, left glenoid fracture repair, ORIF bankart lesion repair, left rotator repair, right knee arthroscopic proximal tibial plateau reduction and internal fixation, PCL repair and ACL debridement. A CT arthrogram was performed on Oct. 23, 2006; significant was the notation of the persistent interior subluxation of the joint with possible penetration of the screws intra-articular. Rand was re-examined and shoulder replacement surgery was recommended and ultimately done.

Result

The case settled.

Other Information

FILING DATE: July 17, 2006.