Case details

Bicyclist claimed motorist’s unsafe turn caused crash





Result type

Not present

arm, fractures, leg
On Jan. 22, 2014, at approximately 3:30 p.m., plaintiff Aaron Horowitt, 23, was riding his bicycle eastbound on East Hedding Street, near its intersection with 7th Street, in San Jose. As he entered the intersection, he was struck by a 2002 Accura CL driven by David Hioki, who attempted a left turn at the intersection from westbound East Hedding Street. Horowitt was subsequently thrown onto the windshield and suffered multiple fractures of his left leg and arm. Horowitt sued Hioki; the owner of Hioki’s vehicle, Judy Ohki; and Hioki’s employer, Silicon Valley Restorations Inc. Horowitt alleged that Hioki was negligent in the operation of the vehicle and that Ohki was vicariously liable for Hioki’s actions. Horowitt also alleged that Silicon Valley Restoration was liable for Hioki’s actions during the course and scope of his work on the basis of respondent superior. Horowitt claimed that he was wearing a helmet and had the right of way when he entered the intersection. He also claimed that Hioki was driving Ohki’s vehicle in an attempt to diagnose an odd sound and that he attempted a left turn at approximately 15 to 20 mph. Thus, Horowitt claimed that Hioki failed to keep a proper lookout and never saw him prior to making the turn. Deposition testimony established that Hioki was not in the course of employment at the time of the accident. Thus, Silicon Valley Restorations was let out of the case., Horowitt sustained open comminuted displaced fractures of the left leg’s tibia and fibula. He also sustained comminuted displaced fractures of the left elbow’s olecranon. Horowitt was subsequently taken by ambulance to an emergency room, where he was treated for the multiple fractures. He ultimately underwent multiple surgeries at Regional Medical Center of San Jose, and later by an orthopedic surgeon, Dr. Sergio Ilic, in Fresno. Thus, Horowitt claimed medical specials of approximately $353,956.
Superior Court of Santa Clara County, Santa Clara, CA

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