Case details
Bicyclist claimed injuries after striking vehicle’s opened door
SUMMARY
$85615
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
clavicle, collarbone, fracture, knee, left knee, meniscus, pain, shoulder, tear
FACTS
On April 27, 2013, plaintiff Arthur Lopez, 62, was riding his bicycle on northbound State Street, toward De La Guerra Street, in Santa Barbara. At the same time, Lisa Wicklman was a passenger in a 2007 Acura, which was stopped at a red light ahead of Lopez, facing the same direction. As Lopez approached the vehicle on the right side, Wicklman opened her passenger door, causing Lopez to lose control of his bicycle and collide with the door. Lopez allegedly injured his collarbone and left knee. Lopez sued Wicklman, alleging that Wicklman was negligent for failing to keep a proper lookout and take due car prior to opening her door. Wicklman conceded liability., Lopez claimed he fractured his clavicle and tore the medial meniscus in his left knee. He was subsequently taken to Santa Barbara Cottage Hospital, in Santa Barbara, where he was treated and released. One month later, Lopez presented to a new doctor with complaints of knee pain. An MRI revealed the meniscus tear. He then underwent a successful surgery to fix the tear. Defense counsel argued that Lopez’s knee injury was unrelated to the subject accident, noting that Lopez did not mention any knee problems at the emergency room or at subsequent visits with his original doctor. Counsel also noted that Lopez only first mentioned the knee injury one month after the accident. Thus, defense counsel argued that Lopez’s treatment was both unrelated to the accident and unreasonable.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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