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Personal Injury
Auto v. Motorcycle
Negligence Per Se

Maria Anna D'Agostino, et al. v. City and County of San Francisco, San Francisco Police Department, Keith Matthews, and Does 1 through 40, inclusive

Published: Aug. 31, 2013 | Result Date: Jun. 30, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CGC-12-521615 Settlement –  $135,000

Court

San Francisco Superior


Attorneys

Plaintiff

Robert E. Cartwright Jr.
(Cartwright Law Firm)

David G. Yen
(Cartwright Law Firm)


Defendant

Michael A. Gerchow


Facts

On July 14, 2011, Maria Anna D'Agostino was driving her motorcycle on Hyde Street in San Francisco when a vehicle driven by Keith Mathews, who was an employee of the City and County of San Francisco, collided with D'Agostino's vehicle. On June 15, 2012, she sued the City and County, and Mathews for motor vehicle negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Matthews made an unsafe lane change and hit D'Agostino's motorcycle, causing her to be thrown off the motorcycle and the motorcycle to crash. Plaintiff claimed Matthews drove the vehicle negligently, recklessly and carelessly, and the government entities should be held responsible.

DEFENDANTS' CONTENTIONS:
The City did not contest liability in this matter.

Damages

$84,931 in medical damages, $39,757 in lost wages, and $2,168 in other damages.

Injuries

D'Agostino suffered a left shoulder injury and experienced persistent left shoulder pain for many months. An MRI showed mild to moderate rotator cuff tendinosis and a SLAP lesion. Approximately 10 months after the accident, plaintiff underwent left shoulder surgery and lengthy physical therapy, following which she was able to make a full recovery.

Result

The parties settled for $135,000.


#93806

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