Case details

Bicyclist claimed driver made unsafe left turn, causing crash

SUMMARY

$20000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, brain, bruise, cervical, cognition, concussion, face, facial laceration, head, impairment, knee, knee contusion, leg, mental, neck, nose, psychological, sensory, speech, sprain, tinnitus
FACTS
On Sept. 20, 2012, claimant Steven Pope, 41, a chief technology officer, was riding a bicycle east on Wilson Street, near Fairview Road, in Costa Mesa. At the same time, Michael Teague was driving a 2011 Honda Civic on westbound Fairview Road, approaching the driveway to his apartment complex, which was on the left. Pope and Teague ultimately collided, and Pope claimed multiple . Pope sued Teague, alleging that Teague was negligent in the operation of his motor vehicle. Specifically, Pope claimed that Teague failed to yield the right of way, and made an unsafe and illegal left turn in front of him, causing his bicycle to collide with Teague’s car. In 2014, Teague agreed to tender his $100,000 policy limits. Pope and his wife, claimant Catherina Pope, then sought further recovery via the supplementary-underinsured-motorist provision of their own insurance policy, which had a $500,000 limit and was administered by Safeco Insurance Cos. Safeco denied that Teague turned into Pope’s path. Instead, it contended that Teague was waiting to turn from the center lane when Pope, trying to pass eastbound traffic, entered that lane and struck Teague’s vehicle., Mr. Pope sustained facial lacerations and a right knee contusion. He also claimed he sustained a parascapular strain to his right shoulder and an acute cervical strain. In addition, he claimed he sustained a head injury, resulting in a concussion and a loss of consciousness. Mr. Pope claimed that as a result, he developed post-concussion syndrome, cognitive changes, and tinnitus. Mr. Pope received 29 stitches to his nose, lips and chin. He also received medication for muscle pain and muscle spasms, and was treated for tinnitus with cognitive therapy and a noise-cancellation headset. However, the tinnitus failed to resolve, Mr. Pope alleged. Safeco disputed the nature and extent of Mr. Pope’s , particularly the head injury and tinnitus.
COURT
Matter not filed, CA

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