Case details

Bicyclist claimed contact with truck caused him to be run over





Result type

Not present

brain, brain injury, cervical disc injury, face, fracture, neck, nose, shoulder, traumatic brain injury
On Jan. 26, 2011, at approximately 12:30 p.m., plaintiff Kris Lafond, 55, was riding his bicycle on northbound Riley Street, near the intersection with Leidesdorff Street, in Folsom, when he came into contact with a 2000 Isuzu NPR truck, which was towing a 16-foot flatbed with short, wooden side rails. The truck was driven by Edward LaFazia, who was also traveling on northbound Riley Street, when Lafond fell off of the bicycle and was ran over by a concrete pump being towed by LaFazia’s vehicle. Lafond, who was clipped into his pedals at the time of the accident, sustained substantial . Lafond sued LaFazia, alleging that LaFazia was negligent in the operation of his truck. Lafond claimed that after he passed LaFazia on the right side, LaFazia ran him down from behind. LaFazia claimed that the accident took place because Lafond lost control of his bicycle at the intersection and fell in front of his truck. Thus, he claimed that Lafond’s actions were the sole proximate cause of the accident and his ., Following the accident, Lafond was transported by ambulance to Mercy San Juan Medical Center, in Carmichael. He was diagnosed with multiple traumatic , including nasal fractures, a non-displaced right scapular fracture, a rotator cuff tear of his left shoulder, and a mild traumatic brain injury with concussion. He was also diagnosed with a cervical spine injury, a lower back injury and a crush injury to his right thigh. Lafond also sustained extensive head-to-toe bruising, especially to his testicular area. To treat his , Lafond underwent an arthroscopic rotator cuff repair and a subacromial decompression to his shoulder on May 26, 2011. Lafond claimed the mild traumatic brain injury caused him to develop post-traumatic stress disorder and a change in his personality. He also reportedly developed erectile dysfunction as a result of the to his testicular area. Lafond also claimed that he would require future treatment for his cervical , lumbar , right thigh injury, and traumatic brain injury. Lafond sought recovery of $114,483.41 for past medical costs and $167,000 for future medical costs. He also sought recovery of damages ranging from $350,000 to $500,000 for his past pain and suffering, and damages ranging from $250,000 to $450,000 for his future pain and suffering. In addition, he sought recovery of $10,420 in property damage for his damaged bicycle, which was a Colnago-brand road bicycle, and for the damage suffered by the articles of clothing he was wearing, which included a complete road biking suit and a helmet. Thus, plaintiff’s counsel asked the jury to award Lafond total damages ranging from $891,903.41 to $1,241,903.41. Defense counsel disputed the relationship of the rotator cuff surgery to the accident. Counsel contended that Lafond had a prior history of problems with his shoulder and that it could not be proven that the surgery was necessitated by the accident. Defense counsel also disputed the nature and extent of the traumatic brain injury alleged by Lafond.
Superior Court of Sacramento County, Sacramento, CA

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