Case details

Bicyclist struck by turning vehicle claimed spinal injuries





Result type

Not present

abrasions, back, leg, neck, sprains, strains
On Jan. 14, 2010, at approximately 3 p.m., plaintiff Damon Duval, a writer in his 50s, was riding his bicycle west on West Pico Boulevard in West Long Angeles. As he crossed the intersection with Gateway Boulevard, while within the crosswalk, Duval was struck by a vehicle operated by Alejandro Lopez, who was attempting a right turn from northbound Gateway Boulevard onto eastbound West Pico Boulevard. Duval claimed to his neck, back, and left leg. Duval sued Lopez and the owner of Lopez’s vehicle, Luis Varillas. Duval alleged that Lopez was negligent in the operation his vehicle and that Varillas was vicariously liable for Lopez’s actions. Specifically, Duval claimed Lopez failed to yield to a bicyclist/pedestrian at the subject intersection. Lopez failed to answer the complaint. Varillas’ counsel disputed liability, asserting that statements taken after the accident showed that Duval was riding his bicycle illegally on the sidewalk prior to the crash and that Duval was heading in the opposite direction of traffic., Duval claimed soft-tissue strains and sprains to his neck and back, as well as abrasions to his left leg. He was subsequently taken by ambulance to an emergency room. Duval then followed up with several doctors and underwent some physical therapy. Duval claimed he still experiences significant pain, discomfort and limitations to his neck and back, which has restricted his work and everyday life. Thus, he sought roughly $100,000 for his past medical costs, as well as an unspecified amount of damages for his lost earnings, and pain and suffering. Defense counsel asserted that Duval sustained in a prior bus accident and that Duval’s complaints were already established prior to the subject accident.
Superior Court of Los Angeles County, Los Angeles, CA

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