Case details

Bicyclist blamed car driver for injuries from crash





Result type

Not present

back, brain, bulging disc, concussion, head, hips, lumbar, neck
On June 12, 2011, at about 9 p.m., plaintiff Joe Cimperman, 25, a truck dispatcher, was riding his bicycle north in the bike lane on Fire Poppy Drive in Elk Grove. While crossing the intersection with Ivy Gate Lane, he was struck by a vehicle driven by Terry Nonaka. Nonaka had been approaching from the opposite direction on Fire Poppy Drive and was attempting a left turn onto Ivy Gate Lane. On impact, Cimperman rolled over the hood of Nonaka’s vehicle and onto the pavement, landing head first. He claimed to his head, neck, back, and both hips. Cimperman sued Nonaka, alleging he was negligent in the operation of a vehicle, causing the accident and his personal . Cimperman claimed that Nonaka failed to yield the right of way to a cyclist, and that there were no traffic controls at the intersection. A witness who was traveling on Ivy Gate Lane testified that he had no problems seeing Cimperman as he approached. Nonaka disputed liability, arguing that he could not see Cimperman, who lacked a light on his bicycle in violation of safety laws for cyclists at night., Cimperman was taken by ambulance to the emergency room at Kaiser Permanente South Sacramento Medical Center. He was diagnosed with a concussion, and he complained of pain to his neck, back, and both hips. He was diagnosed with a bulging disc at L4-5 and chronic lower back pain. Cimperman treated with physical therapy and chiropractic care, and was taught stretching exercises to manage his lower back pain. He claimed he still had chronic lower back pain, but did seek any lost earnings. Cimperman claimed $12,121 in past medical costs and asked the jury for $25,000 in damages for past pain and suffering and $75,000 for future pain and suffering. Nonaka’s expert orthopedic surgeon agreed that Cimperman suffered from chronic lower back pain as a result of the accident.
Superior Court of Sacramento County, Sacramento, CA

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