Case details

Bicyclist claimed shoulder injury after hitting parked car’s door





Result type

Not present

fracture, scapula, shoulder
On Aug. 11, 2010, at approximately 2:45 p.m., plaintiff Nathan Kendall, 33, a teacher, was riding his bicycle on Haight Street in San Francisco when the door of a parked car was opened by its operator, Stephen B. Stokes II, causing Kendall to collide into it. As a result, Kendall was ejected from his bicycle and landed on his left shoulder. Kendall sued Stokes, alleging the defendant was negligent in the operation of his vehicle. Specifically, Kendall claimed Stokes failed to pay attention and look behind him or use his mirrors before opening his driver side door. Stokes did not seriously dispute liability for the collision., On the day after the accident, Kendall went to an emergency room with complaints of severe pain in his left shoulder. He then followed up at a Kaiser Permanente facility and was diagnosed with a fractured scapula. Kendall’s shoulder remained in a sling for six weeks, after which he underwent rehabilitation with some physical therapy. Kendall claimed his fracture healed after roughly two months, during which he was restricted from riding his bicycle, as well as other outdoor activities and daily living. He does not seek any further treatment. Thus, Kendall sought recovery of $4,324 in past medical costs (Kaiser lien) and an unspecified amount of damages for his past pain and suffering. Defense counsel disputed Kendall’s damages claims, asserting that Kendall’s left shoulder complaints were caused by a pre-existing clavicle injury, for which he previously required surgery.
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts


Get a FREE consultation for your case