One motorcyclist was riding with a group of others on a “poker race” when his motorcycle collided with another. The liability was disputed.
The incident took place on September 28th, 2012 at 3:00 PM at the intersection Altamont Pass Road/Greenville Road in Alameda County. They were both participating in a Poker Run. This is a fundraiser for motorcycling enthusiasts. They stopped at four to five bars to collect a card and a sealed envelope. The envelopes are opened at the end to determine who has the best/worst hand. Both had been to three places and were part of a group consisting of twelve riders who headed to the next bar. They rode in formation, which meant they were travelling two-by-two in a straight line. Each pair of motorcyclists would stop at the Old Altimont Pass Road intersection, then proceed through the intersection. After each group passes through, they would continue on. Plaintiff came to a halt at the stop sign, and was struck in the back by defendant’s motorcycle.
Case Details
- Case No. Theis.
- Court and case number: Alameda Superior Court/RG14741784
- Judgment or Verdict Date: Tuesday, July 19, 2016.
- Date Action Filed: Wednesday September 24, 2014
- Types of Action: Vehicles-Motorcycle
- Judge(s) or Arbitrator(s),Hon. Robert Freedman
- Plaintiffs: Michael Theis (44), is a floor installer
- Defendants: Richard Altom
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$54.105
- Economic Damages Past medicals: $18,862Future Medicals: $25.233
- Non-Economic Damages: Past pain and suffering: $5,000Future pain and suffering: $5,000
- Arbitration or Trial Time:4 Days
- Jury deliberation time:1 Day
- Jury polls:12-0
Personal Injury Lawyers
- Attorney for the Plaintiff Richard B. Curtis, Albany. Law Office of James Bachan, Oakland by James B Sutherland
- Advocate for the Defendant Law Office of Mark T Lobre, San Francisco.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Douglas Abeles, M.D., orthopedics, Castro Valley.
- The Medical Expert(s), Defendant: Joseph McCoy M.D., orthopedic surgery, Napa
Lawyers’ Closing Arguments
Plaintiff’s Contentions:Plaintiff was stopped by a stop sign with a group bikers and was hit in the back by defendant.
Defendant’s Contentions:A third unknown motorcycle, made of wood, struck defendant in the back, forcing plaintiff’s bike into his.
Personal Injuries and Damages
- Plaintiff claims physical injuries Rotator cuff tear in left shoulder. Lower back pain.
Special Damages
- Special Damages Claimed – Past Medical: $32,164.69
- Special Damages Claimed – Future Medical: $40,000
Demands and offers
- Plaintiff SS998 Request:$100,000.
- Defendant SS998 Offer: $25,000
Additional Notes
Plaintiff was able to rely on a witness to support his story. The jury was not convinced by the defendant’s story. They liked and believed the doctor of plaintiff. The defense doctor did not have much credibility. Plaintiff’s sub-rosa video of him helping his mother in a wheelchair did not help them. They also reduced plaintiff’s future and past medicals after plaintiff was told that he needed a shoulder surgery early, but chose to have it done later.
