Case details

Bicyclist illegally passed vehicle on left side, defense argued





Result type

Not present

back, dental, face, facial laceration, fractured teeth, leg, lower back, neck, nose, right arm, teeth.
On May 14, 2012, plaintiff Steven Umana, 20, was riding his bicycle on North Edgemont Street, in Los Angeles, when he was struck by a vehicle operated by Osvaldo Sobrinito. Umana sustained to his face, teeth, neck, back, and right arm and leg. Umana sued Sobrinito and the owners of Sobrinito’s vehicle, Maria Cervantes and Amado Machorro. Umana alleged that Sobrinito was negligent in the operation of the vehicle and that Cervantes and her husband, Machorro, were vicariously liable for Sobrinito’s actions. Umana contended that Sobrinito should have seen him and avoided the accident, but failed to do so. The defense’s accident reconstruction expert opined that Umana was attempting to illegally pass on Sobrinito on the left and that Sobrinito could not have seen Umana, as he was in Sobrinito’s blind spot., Umana sustained fractures of his front teeth, a laceration to his face, bruises to his body, and pain to his neck, lower back, right arm, and right leg. He was subsequently taken to a hospital, where he was treated and released. Umana claimed that despite treatment, he has ongoing pain in his neck and lower back and that he will require further dental care. Thus, Umana sought recovery for his past and future medical expenses. He also sought recovery of damages for his past and future pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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