Case details

Bicyclist caused crash by riding on wrong side of road: defense





Result type

Not present

back, cognition, head, headaches, mental, psychological, right leg
On Jan. 11, 2011, plaintiff Shawn Bartlow, 45, a maintenance worker, was riding his bicycle on West 7th Street in Hanford. As he was about to turn into an apartment complex, he collided with a vehicle operated by Cassie Cummings. Bartlow sustained to his head, back and right leg. Bartlow sued Cassie Cummings and the owner of the vehicle, Carmen Cummings. Bartlow alleged that Cassie Cummings was negligent in the operation of her vehicle and that Carmen Cummings was vicariously liable for Cassie Cummings’ actions. Bartlow claimed he was traveling on the right side of the road and turning into the apartment complex, when Cassie Cummings’ vehicle came out of the apartment complex. He contended that Cassie Cummings was making a left turn out of the parking lot when the right, front of her vehicle made contact with his bicycle. Bartlow claimed he was then dragged under Cassie Cummings’ vehicle. Cassie Cummings claimed she was making a right onto West 7th Street after stopping at a stop sign. She contended that Bartlow was bicycling on the wrong side of the road and coming from her right side at the time of the accident. Cassie Cummings also disputed that Bartlow was dragged under the vehicle. Defense counsel contended that Bartlow was where he should not have been; that Bartlow was traveling in the opposite direction, closest to the curb; that there was a truck parked on the roadway that blocked her view of Bartlow; and that Cassie Cummings could not see Bartlow. Accordingly, counsel contended that there was nothing Cassie Cummings could have done that would have prevented the collision with Bartlow., Bartlow claimed soft-tissue to his back and a contusion to his right leg. He also claimed memory loss and dizziness. Bartlow was subsequently taken by ambulance to a hospital, where he was treated in the emergency room. He then presented to his family medicine practitioner. The treating physician testified that Bartlow had post-concussive syndrome with headaches and that Bartlow treated with him until March 2011. Bartlow underwent a series of multiple Toradol injections. Bartlow claimed that despite the injections, he had no relief. His treating physician testified that the symptoms can last for years and that he could not say if the were related to the subject accident, as he had not seen Bartlow since March 2011. The physician also testified that Bartlow, at the time of the accident, was on worker’s compensation for a wrist injury. However, he testified that he could not say what Bartlow’s symptoms could be attributed to, so he recommended that Bartlow see a neurologist. At the time of the accident, Bartlow was on a lunch break from his position as a housekeeper at Adventist Health. Bartlow claimed he was unable to return to work following the accident. /CENTER Defense counsel argued that Bartlow was unable to work due to other issues.
Superior Court of Kings County, Hanford, CA

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