Case details

Bicyclist claimed ongoing neck pain and limitations from crash





Result type

Not present

back, cervical, contusion, fracture, fusion, neck, spine, vertebra
At night on April 24, 2015, plaintiff Elijah Simone, 23, a retailer’s shift leader, was bicycling — without a helmet, lights or reflectors — on eastbound Crone Avenue, in Anaheim. As he proceeded straight into the intersection with Euclid Street, he was struck by a compact vehicle operated by Bruce Jameson, who was making an unprotected left turn onto Euclid Street from westbound Crone Avenue. Simone was thrown from his bike, and he claimed to his neck. Simone sued Jameson, alleging that Jameson was negligent in the operation of his vehicle. Specifically, Simone claimed that Jameson failed to yield the right of way. Jameson claimed that Simone was 100 percent at fault for the crash. He alleged that Simone was negligent for riding a bicycle without lights and reflectors and for riding on the sidewalk prior to entering the intersection. Jameson passed away during the course of litigation, and the case was amended to be against his estate., Simone sustained a cervical fracture, which caused a spinal contusion. He was taken to a hospital, where doctors performed a two-level cervical fusion. Simone was back to work in six months. He also met the love of his life; got engaged; got a new job; was promoted; and resumed hiking, biking and going to the gym. However, plaintiff’s counsel contended that the spinal cord contusion left Simone with motor weakness and sensory deficits in both his upper extremities. Simone claimed he will need future medical care — including physical therapy, medications and potential surgery — at a cost of approximately $6 million over the course of his lifetime. Defense counsel disputed Simone’s life care plan, arguing that Simone had made a miraculous recovery and that Simone’s future medical care needs would only amount to $800,000 over his lifetime.
Superior Court of Orange County, Orange, CA

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