Case details

Bicyclist claimed driver caused crash by turning in front him





Result type

Not present

brain, brain injury, chest, clavicle, fracture, rib, shoulder, traumatic brain injury
On March 31, 2018, plaintiff Henry Hodge, 53, a carpenter, was riding his bicycle in an unmarked bicycle lane in San Rafael when he collided into a truck operated by Kenneth Fox. Hodge, who was not wearing a helmet, was thrown headfirst into a tree by the curb, and sustained to his head, chest and a shoulder. Hodge sued Fox, alleging that Fox was negligent in the operation of his vehicle. Hodge’s counsel contended that Fox was traveling in the right lane when he turned in front of Hodge in an attempt to pull into a parking spot. Counsel argued that Fox caused the collision by making an unsafe turn in violation of Vehicle Code § 22017, and by failing to look or signal before changing lanes. Defense counsel contended that Hodge was unlawfully passing on the right side and that Hodge was the sole cause of the collision and his ., Hodge sustained a traumatic brain injury, a clavicle fracture, a scapula fracture and multiple rib fractures. He was immediately taken to a hospital, where he was immobilized. He later underwent some physical therapy. Hodge claimed that he continues to have some occasional dizziness and issues with his shoulder’s range of motion. He also claimed that is able to perform some work, but that he fatigues more easily. Hodge claimed that as a result of his condition, he will require orthopedic and neurological treatment in the form of follow-up care and physical therapy. Hodge sought recovery of $230,779 in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel contended that Hodge’s brain injury was caused by a long, unrelated medical history and that Hodge was responsible for his own by failing to wear a helmet.
Superior Court of Marin County, Marin, CA

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