Facts

Plaintiff bicyclist Matthew Kelly, 24, passed defendant truck driver Ubaldo Rosales' stopped tractor-trailer at a red light and placed himself in front of the tractor-trailer in the crosswalk waiting for the light to phase to green. Plaintiff claimed that his decision to pass the truck was reasonable and that by placing himself in the crosswalk 10-15 feet in front of the truck, he had placed himself in a zone of safety where Rosales could see him. Rosales claimed to have never seen the bicyclist and turned right on the red light. The bicyclist was pushed in front of the truck's left-front tire through the intersection until a bystander waived to stop the truck.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that a truck of this size should not have been in this narrow intersection. He argued that the truck driver was lost, was being provided directions through his cellular phone, should have taken a safer rout, and should not have been attempting to make this right turn, which required the truck to encroach into opposing lanes of traffic. He further argued the driver should have been able to see him.

DEFENDANT'S CONTENTIONS:
Rosales contended that he was not lost and that he was following appropriate directions to his destination. He claimed that his route and his turn were reasonable. Defendant claimed he was extremely unlikely to detect Plaintiff in front of his truck because the crosswalk was empty when the truck approached and stopped, that it was unexpected that a cyclist would pass in front of his truck, and that the hood of his truck and steering wheel blocked his view of Plaintiff. He denied being on his cellular phone at the time of the accident.

Defendant further claimed that Plaintiff was comparatively negligent when he went in front of the truck rather than stopping behind or beside the truck.

Settlement Discussions

Plaintiff demanded $4,999,999 pursuant to CCP section 998 on June 1, 2012. Defendants Ubaldo Rosales and EZ Rider & Company jointly offered $1 million pursuant to CCP section 998 on Jan. 10, 2011.

Specials in Evidence

$758,730 $48,829 $98,371 $636,700

Injuries

Plaintiff lost his testicles in the accident, rendering him permanently infertile. His penis was degloved and almost castrated and had to be amputated at the hospital. The surgeons were able to preserve a penile stump and used skin grafts to cover it. Plaintiff also suffered severe fractures to his pelvis and was unable to walk for some time, but now walks unassisted with a limp. Plaintiff developed a pressure wound on his left heel that was open to the bone. The bone became infected and he had four surgeries on the foot, eventually shaving off ¼-inch of his heel bone. As a result, he had no padding in the heel and has to wear a shoe insert to help with pain from walking and cannot run. He spent 28 days in the hospital undergoing numerous surgeries before transferring to a rehabilitation facility for two more weeks.

Result

Verdict for $5,842,630 broken-up as follows: Plaintiff being found 75 percent and Defendants being found 25 percent negligent resulting in a judgment calculated by the court in the net amount of $1,460,657 against both defendants Ubaldo Rosales and EZ Rider & Company.

Other Information

The case was mediated with Robert Kaplan. EXPERT TESTIMONY: Plaintiff's human factors expert Anthony Stein testified that there was a systems failure on the part of the company in directing its driver to designations and that the driver was essentially lost and should have used a wider, more accommodating street to make the subject turn, and that the bicyclist would have been viewable by Rosales. Plaintiff's accident reconstructionist Edward Fatzinger Jr. testified that Plaintiff positioned himself 10-15 feet in front of Defendant's tractor-trailer and stopped while waiting for the traffic light to phase to green, and that Rosales jumped the light a second or two before the light turned green, at which point he overtook the bicyclist. Larry Miller, a truck expert, testified that the route and turn were reasonable and ordinary. Gerald Bretting, an accident reconstruction and bicycle safety expert, testified that Plaintiff should not have gotten in front of truck and Plaintiff was barely visible to truck driver if at all. FILING DATE: June 30, 2010.

Deliberation

two days

Length

11 days