Case details

Bicyclist entered intersection on wrong side of the road: defense





Result type

Not present

back, injury, loss of consortium shoulder, neck, rotator cuff, soft tissue, tear
On Feb. 9, 2011, plaintiff Artemio Martinez, a cook’s assistant in his 30s, was riding his bicycle on westbound Pacific Avenue in Half Moon Bay. As he was crossing Grandview Boulevard, he was struck by a vehicle operated by Paul Verger, who was southbound on Grandview Boulevard. Martinez claimed to his neck, back and right dominant shoulder as a result of the accident. Martinez sued Verger for motor vehicle negligence. Martinez claimed that Verger failed to stop for the stop sign on Grandview Boulevard. Thus, he claimed that Verger failed to yield while he was crossing the street. Verger claimed that Martinez was riding his bicycle on the wrong side of the road and that Martinez failed to stop for the stop sign on Pacific Avenue., Martinez was not treated at the scene or taken to the hospital. Instead, he presented to a chiropractor 12 days later with his first complaints of neck and back pain. Martinez claimed he suffered soft-tissue neck and back . He subsequently treated with the chiropractor for one month before changing to another chiropractor for another three months of treatment. He then presented to an orthopedic surgeon, who found a rotator cuff tear of the right shoulder on Martinez’s MRI. The orthopedic surgeon subsequently recommended arthroscopic repair, but Martinez never underwent the procedure. Martinez claimed he continues to suffer neck, back and shoulder pain. He alleged he only took time off from his work to present for doctor’s appointments, but his pain made working at his job more difficult. He also alleged that his interfered with family activities, such as taking his two daughters to the park, and interfered with sexual activities with his wife. Martinez’s wife, Meribel Martinez, sought recovery of damages for her loss of consortium. Defense counsel argued that Mr. Martinez’s shoulder injury was unrelated to the subject accident and contended that there were no documented shoulder complaints until six weeks after the subject accident. Counsel also argued that there was no need for any right shoulder surgery and that any abnormalities on the MRI were due to Mr. Martinez’s age and occupation, and not to any alleged traumatic injury.
Superior Court of Los Angeles County, Van Nuys, CA

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