Case details

Bicyclist claimed accident caused fractures





Result type

Not present

back, cervical, chest, fracture, fusion, hip, lumbar, neck, rib
On Feb. 6, 2020, claimant Daniel Temple, 50, an instructor at the Naval Postgraduate School, was bicycling in Monterey when he collided into a vehicle operated by Alexander McDaniel. Temple sustained to his chest, neck, back, hip and pelvis. In lieu of filing a lawsuit, Temple sought direct recovery from McDaniel’s insurance provider, Progressive Casualty Insurance Co. Temple alleged that McDaniel was negligent in the operation of his vehicle. Temple sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by USAA. Temple claimed that McDaniel turned in front of his bicycle, causing the collision., Temple sustained two cervical fractures at the C1 and C2 levels; four lumbar fractures at the L1, L2, L3 and L4 levels; and one thoracic fracture at the T12 level. He also sustained fractures to his ribs, left hip at the femoral head, and pelvis at the acetabulum and pubic bone. Temple was taken to a hospital. He ultimately underwent a lumbar decompression and fusion at the L5-S1 level. He also underwent open reduction and internal fixation surgery to treat the to the left hip, and a closed reduction surgery for his left sacroiliac joint. Temple claimed that although he was able to return to work by working from his home, he may require addition treatment. However, he admitted that his future medical care and treatment are currently unknown. Temple sought recovery of approximately $565,000 in past medical costs, based on his adjusted medical bills, and an unspecified amount of future medical costs, based on his possible future treatment. He also sought recovery of damages for his past and future pain and suffering.
Matter not filed, CA

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