Facts

On July 20, 2006 at 5:24 a.m., plaintiff Hernan Cortez, a 23-year-old electrician apprentice, was operating a motorcycle while traveling southbound in the number one lane on Euclid Avenue, north of Edison Avenue in Chino. Defendant Nicholas Tavasci, while in the course and scope of employment, was operating a tractor-trailer and hauling livestock for defendant Wingfield Livestock from Arizona to California. Tavasci had been traveling all night and was only a couple of miles from his intended destination, located off of westbound Euclid Avenue.

Prior to the collision, Tavasci was traveling southbound on Edison Avenue approaching Euclid, where he intended to make a right hand turn. Tavasci then illegally entered the left hand turn pocket, and used the left hand turn pocket to make a right hand turn onto westbound Euclid, in violation of California Vehicle Code section 22100.

Tavasci went from the left hand turn lane, without signal or warning, into plaintiff's lane of travel. The plaintiff's motorcycle broadsided the passenger side of Tavasci's trailer. Consequently, the plaintiff's body was caught underneath Tavasci's trailer. The plaintiff could not make any evasive maneuvers. The plaintiff's left leg was crushed.

The plaintiff was transported via ambulance to Arrowhead Regional Medical Center where emergency surgery was performed to stabilize the compound fracture of plaintiff's left tibia and fibula.

DEFENDANT'S CONTENTIONS:
The defendants disputed liability and claimed that plaintiff was traveling at an unsafe speed. Defendants also contended that plaintiff was not a competent rider because he did not have a license to operate a motorcycle.

Specials in Evidence

$117,000 $115,000 (past) $1,800,000 $268,000

Injuries

The plaintiff suffered broken leg bones and has residual lower back complaints. His treating orthopedist testified that a knee arthroscopy may be required in the future. Also, plaintiff has lingering gait issues. Defense expert, Perry Secor, opined that plaintiff was recovered and should not have any future treatment.

Result

The parties settled for $500,000.

Other Information

The plaintiff was unlicensed and uninsured at the time of the collision. Therefore, he could not recover any general damages. The plaintiff was limited to only recover his economic damages, despite the severity of his injuries. INSURER: Canal Insurance for the defendant.