Case details

Bicyclist: Collision with vehicle during turn caused injuries





Result type

Not present

back, herniated disc, knee, medial meniscus, tear
On Jan. 5, 2007, plaintiff Eugene Rogers, an unemployed 48 year old, was riding his bicycle south on Jefferson Street, preparing to turn left onto eastbound 14th Street in Oakland, when a collision occurred with a vehicle operated by Michael Melone, who was driving north on Jefferson Street and was about to turn right onto eastbound 14th Street. Rogers claimed to his right dominant wrist, neck, back and both knees. Rogers sued Melone, alleging that the defendant was negligent in the operation of his vehicle. Specifically, Rogers claimed that Melone’s vehicle rear-ended his bicycle after they made their respective turns. He also claimed that Melone fled the scene after the collision. Melone claimed that he was three-quarters of the way into his turn when he noticed Rogers to his left, who had stuck out his right hand and grabbed his vehicle. Melone claimed that when he then slowed down, his vehicle became separated from Rogers, who then fell off his bicycle., Rogers claimed he sustained medial meniscus tears in both knees, a lumbar disc herniation at the L4-5 level, a cervical disc bulge at the C5-6 level and a cervical disc protrusion at the C6-7 level. He also claimed he suffers from de Quervain’s tenosynovitis, a painful inflammation of tendons in his thumb that extended to his right wrist. Rogers primarily treated his with physical therapy, but he also received some cortisone shots. Rogers claimed that he deals with tremendous pain on a daily basis due to the impact of the accident and that this causes him to have trouble riding his bike. He alleged that as a result, he will need to undergo surgery — particularly for his knees and perhaps also for his neck and/or back. Thus, he sought recovery of damages for his past medical expenses, half of which were for his MRIs. Rogers also sought recovery of $45,000 in damages for his anticipated future medical expenses, which would include the cost of surgery. He further sought recovery of unspecified damages for his past and future pain and suffering. Defense counsel disputed the cause of the plaintiff’s alleged , noting that the films on which Rogers’ appeared were taken a year or two after the subject accident. Counsel also contended that Rogers’ were either pre-existing or due to degenerative changes. In addition, defense counsel disputed the plaintiff’s need for surgery. Instead, the defense’s doctor opined the Rogers might need another cortisone shot or two, and might benefit from some additional physical therapy.
Superior Court of Alameda County, Oakland, CA

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