Motorcyclist turning right hits an illegally riding electric biker who is illegally riding in crosswalk. Defense denies liability.
Plaintiff was riding a motorized bike across the street when he was struck and killed by the Honda Accord driver who was turning right at the intersection of Western Avenue and 22nd Street in Los Angeles. Plaintiff was knocked off of his bicycle and suffered injuries. The intersection had a stop sign, not a traffic light, for the defendant driver. Plaintiff was not insured and was scared of the bill. An ambulance arrived. Plaintiff chose to go to the hospital, as it was close by. The plaintiff later saw a doctor and a chiropractor.
Case Details
- Case No. :Roldan.
- Court and case number: Los Angeles Superior Court/BC495849
- Judgment or Verdict Date: Friday, July 18, 2014.
- Date Action Filed: Monday December 03, 2012
- Type of action: Vehicles – Intersection, Vehicles – Motorcycle, Vehicles – Right Turn, Vehicles vs. Pedestrian
- Judge/Arbitrator(s),Hon. Anthony J. Mohr
- Plaintiffs: E. Roldan (39), dry cleaning employee.
- Defendants: M. Flores
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $18,000.
- Award or Verdict: $12,000.
- Contributory/Comparative Negligence: 30% to plaintiff
- Economic Damages Medical expenses: $11,000
- Non-Economic Damages:$7,500 Pain and Suffering
- Arbitration or Trial Time:5 Days
- Jury Deliberation:1.5 Hours
- Post Trial Motions and Post-Verdict Settlements Plaintiff’s CCPSS2033.420 Motion to Costs of Proof was granted for $46,000.
Personal Injury Lawyers
- Attorney for the Plaintiff B&D Law Group (APLC) by Sandeep G. Agarwal (First chair), Chantlym. Geoulla and Daniel D. Geoulla Beverly Hills
- Advocate for the Defendant Wade & Lowe PC, Geoffrey T. Hill Irvine
Expert Witnesses
- Plaintiff’s Medical Expert(s). Jacob Tauber M.D., Glendale, Orthopedic Surgery.
- The Medical Expert(s), Defendant: Stephen Kay, M.D. Orthopedic Surgery, Los Angeles.
- The Technical Experts of Plaintiff: Brad Avrit, civil engineering, Marina del Rey.
- Technical Expert(s), Defendant: Gerald Bretting, PE, accident analysis, El Segundo.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: The defendant was negligent in not giving the right-of-way to plaintiff, who was already at the crosswalk. The defendant failed to make sure that the crosswalk was clear before driving ahead.
Defendant’s Contentions: Plaintiff was riding illegally on a motorized bike in the crosswalk, so defendant denied any liability. Defendant claimed that some of the medical treatment was unnecessary and excessive.
Personal Injuries and Damages
- Plaintiff claims physical injuries Plaintiff sustained injuries to his neck and back, arm, shoulder, and arm. He also experienced headaches, cuts, and bruises.
Special Damages
- Past Medical Claims – Approximately $14,000
Additional Notes
Plaintiff was served a CCP SS998 offer for $15,000.00, which included all fees and costs. The defendant had denied any liability and let this slip. The best offer from defendant was $2,000. Plaintiff beat defendant’s CCP SS998 offer by $2,000. He is entitled to expert costs. The plaintiff attorney claims that the net recovery will exceed $80,000 if the attorney fees and costs of CCPSS2033.420 and CCPSS998 are added.
