After comparative fault, $3.5 million gross was reduced to $2.1 when a car made a left turn and collided with a motorcycle.
Plaintiff was riding in the opposite direction and was involved in an accident when defendant turned left at an intersection. The driver was not covered by the insurer of defendant, and this matter was heavily litigated (see notes), before going to trial. Both parties were found negligent by the jury. Plaintiff’s injuries were largely caused by their negligence. The jury attributed 60% fault to the defendant and 40% to plaintiff.
Case Details
- Case Name :Townsend, v. Olivo
- Court and case number: Riverside Superior Court/RIC1611099
- Judgment or Verdict Date: Monday February 11, 2019
- Date Action Filed: Friday August 26, 2016
- Type of Action: Vehicles – Motorcycle
- Judge/Arbitrator(s),Hon. Daniel A. Ottolia
- Plaintiffs: Jeffrey Townsend, 30, unemployed.
- Defendants: Jose Olivo and Maria Olivo
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $3,500,000
- Award or Verdict: $2,100,000.
- Each Defendant to be awarded: $2,100,000
- Contributory/Comparative Negligence: 60% Maria Olivo; 40% Jeffrey Townsend.
- Arbitration or Trial Time: 2 Weeks
- Motion for a new trial and settlements following verdicts: Motion to dismiss the verdict.
Personal Injury Lawyers
- Attorney for the Plaintiff Lari-Joni & Bassell, LLP by Torsten Bassell, Los Angeles.
- Advocate for the Defendant Macdonald & Cody LLP by Scott Macdonald Irvine Klute and Newton by Duane Newton. Redlands.
Expert Witnesses
- Plaintiff’s Medical Expert(s).William Schobert M.D. Orthopedic Sports Medicine, Orange.
- The Medical Expert(s), Defendant: Neeraj Gupta M.D., orthopedic surgery, Pomona.
- The Technical Experts of Plaintiff: Joseph Yates, accident reconstruction, Long Beach.
- Technical Expert(s), Defendant: Stein Husher, P.E., accident reconstruction, Camarillo. Anthony Stein, Ph.D. Human factors, La Canada.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Plaintiff riding a motorcycle claimed that he had the right of way and that the defendant had a duty that plaintiff yield the right to him when she made her left-hand turn at an intersection.
Defendant’s Contentions: Plaintiff claimed that plaintiff was lane-splitting in between cars on the opposite lanes of traffic when the accident occurred. Plaintiff claimed that the light had changed to yellow or red, and that defendant had stopped and yielded before plaintiff entered the intersection. Plaintiff claimed that he had entered an intersection with vehicles that were stopped in front of him from nowhere. Defense presented testimony from a witness to the accident. He claimed that plaintiff was lane splitting between stopped cars, and that plaintiff entered at a red light.
Personal Injuries and Damages
- Plaintiff claims physical injuries Left tibial shaft fracture.
Additional Notes
After plaintiff had already won a declaratory relief case against defendants’ insurance, this verdict was reached. In a separate declaratory relief case, the defendant’s insurance sued Townsend & Olivo. The insurer claimed that Maria Olivo was an exclusion driver. Townsend won against the defendant’s insurance in that action, and established coverage before proceeding to the injury case of Townsend. The trial court denied the defendants’ new trial motion on June 12th and the defendants’ motion to JNOV in the townsend v. Olivo case.
Concerning settlement negotiations, plaintiff submitted a policy limits settlement proposal to defendants’ insurance company, Century-National Insurance Company, prior to filing a lawsuit against them (August 2016). The settlement offer was rejected by defendants’ insurer because it claimed that defendant Maria Olivo wasn’t covered under their insurance policy (August 2016). Plaintiff filed bodily injury lawsuit against defendants after the offer was rejected (August 2016). Century-National then filed a declaratory action against the defendants and plaintiff in order to claim that Century-National’s policy didn’t cover Maria Olivo (October 2016,). The declaratory relief action was filed before the bodily injuries action (March 2018). Both plaintiff and defendants won the declaratory relief case against Century-National. Coverage was established (June 2018,). After the declaratory relief case was lost, defendants’ insurance made a policy limit offer to plaintiff (June 2018,). Plaintiff declined the offer. Plaintiff instead made a C.C.P. Section 998 offers to compromise for $750,000 (November 2018, plaintiff). The offer was rejected by the defendants. The case was tried (January/February 2019,
