Case details

Bicyclist claimed turning vehicle failed to yield right of way





Result type

Not present

clavicle, fracture, shoulder
On the evening of Nov. 10, 2008, plaintiff Kim Do, 25, a dental student, was riding her bicycle north on Hoover Street in West Hollywood. At approximately 10:30 a.m., while crossing the intersection of Adams Boulevard, Do collided with a sport utility vehicle operated by Stephanie Hodos, who was making a left turn from southbound Hoover Street onto eastbound Adams Boulevard. Do attempted to swerve her bicycle, but was unable to avoid the SUV, striking the passenger-side door/mirror. She was subsequently knocked to the ground and injured her left shoulder. Do sued Hodos. She alleged the defendant was negligent in the operation of her vehicle. Plaintiff’s counsel contended that Hodos was negligent because she failed to see Do in a well-lit intersection, and because Do had the right of way. The plaintiff’s human factors expert testified that the approach to the intersection had more than enough lighting, so a reasonably prudent driver should have been able to perceive Do, even though the plaintiff did not use a headlamp. Hodos claimed that Do was riding too fast and was wearing dark clothes with no headlamp in violation of Vehicle Code § 21201(d). She also claimed that since she almost completed her left turn, Do did not have right of way. In addition, Hodos claimed that Do even admitted that she never saw the vehicle before impact. Defense counsel contended that Do’s lighting expert admitted at his pretrial deposition that he did not know if the lighting of the intersection at the time he inspected it was the same as it was at the time of the incident., Do was taken from the scene of the accident by ambulance and brought to an emergency room. She sustained a comminuted fracture of the distal portion of the left non-dominant clavicle, as well as a left coracoid clavicle ligament tear and avulsion injury. Do underwent open reduction and internal fixation on her left clavicle. She also followed up with six months of physical therapy. Do claimed she still experiences some slight fatigue in her left shoulder. Her past medical bills of $59,000 were all paid by her health insurance, but she sought recovery of damages to reimburse her medical bills. She also sought recovery of damages for her pain and suffering. Defense counsel contended that Do’s own treating physicians were inconsistent as to the need for future care or treatment.
Superior Court of Los Angeles County, Los Angeles, CA

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