Choe v. Garcia, TrueGreen LandCare
Published: Jun. 15, 2002 | Result Date: Mar. 21, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01CC03103 Bench Decision – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeff A. Mann
(Law Offices of Jeff A. Mann)
Defendant
Experts
Defendant
Jon B. Landerville P.E.
(technical)
Jeffrey Wheeler
(technical)
Milton E. Legome M.D.
(medical)
Facts
The plaintiff, a 45-year-old radiology technician at Irvine Medical Center, was riding his bicycle to work (his
daily routine) on northbound Irvine Center Dr. in a marked bicycle lane at approximately 30 to 35 mph when
he rode into the back of the defendantÆs stopped landscape truck. The plaintiff did not see the truck until one
second or 40 feet prior to impact. He tried to swerve around the truck, but failed to avoid it, striking the truck at
30 to 35 mph. The plaintiff never actually saw the truck move into the curb lane, but speculated that it must
have made a lane change. The defendant, Garcia, operating a large landscape truck in the course of his
employment with TruGreen LandCare, stopped to pick up previously-bundled debris picked up by his crew.
Settlement Discussions
The plaintiffÆs only settlement demand was $300,000. The defendants offered $15,000. The defendants served a C.C.P. Section 998 offer to compromise for $15,001.
Specials in Evidence
In excess of $102,000
Injuries
Comminuted fracture of left wrist with open reduction/internal fixation with Herbert screws and bone graft, herniated cervical disc and resulting radiculopathy with spinal surgery (anterior diskectomy and fusion), knee strain with possible medial meniscal tear, inflammation of bursa left shoulder, multiple lacerations and abrasions with scarring.
Other Information
The court granted a directed verdict in favor of defendants. The plaintiff has filed a notice of appeal.
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