Case details

Bicyclist: Man in stopped truck negligently opened door





Result type

Not present

finger, fracture, hand, labrum, metacarpal, shoulder, tear
On May 6, 2016, plaintiff Rudy Perez Mejia, 36, a house painter, was bicycling on Market Street, near the intersection with 12th Street, in San Francisco, when he was passed by a large work truck operated by Gilbert Mercadel, a City and County of San Francisco employee. Mercadel then pulled over and parked his vehicle on Market Street. When Mercadel opened the driver’s side door of his vehicle, Mejia collided into it. Mejia struck the door with his chest and right shoulder, causing him to be thrown off his bicycle. He claimed to his right hand and shoulder. Mejia sued Mercadel and the City and County of San Francisco. Mejia alleged that Mercadel was negligent in the operation of his truck and that the City and County of San Francisco was vicariously liable for Mercadel’s actions while in the course and scope of his employment. Mejia’s counsel contended that Mercadel failed to observe Mejia and negligently opened the driver’s side door, causing the collision. Defense counsel denied that Mercadel was liable for the incident. Counsel contended that Mercadel was properly stopped on the side of the road and that Mercadel had activated a large warning arrow, directing that other lanes should be used. However, counsel asserted that Mejia allegedly ignored the warning., Mejia sustained a labral tear of his right, dominant shoulder and a fracture of the second metacarpal on his right, dominant hand. He was taken by ambulance to Zuckerberg San Francisco General Hospital and Trauma Center, in San Francisco, where his hand was placed in a splint and his right arm was placed in a sling for a month. He also underwent a shoulder arthroscopy and had some physical therapy. When the cast was taken off, Mejia was able to continue working. However, he claimed that he still has some issues with his shoulder. He claimed that as a result, he might need more medical treatment for his shoulder in the future. Mejia sought recovery of $25,000 in past medical costs and an unspecified amount for his future medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the severity of Mejia’s residual complaints and alleged past wage loss.
Superior Court of San Francisco County, San Francisco, CA

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