Case details

Bicyclist struck by vehicle claimed permanent injuries





Result type

Not present

finger, fracture, left, left hand, left shoulder, non-dominant clavicle
At approximately 9:05 a.m. on Dec. 1, 2014, claimant Kenneth Zona, 49, a facilities engineer for Kaiser Permanente, was riding his silver Giant bicycle in the bicycle lane of westbound Ball Road, in Cypress. When Zona was over 400 feet east of the intersection with Bloomfield Street, a vehicle operated by Darlene Spirlong made a left turn in an attempt to enter a private driveway from eastbound Ball Road and struck Zona. The impact sent Zona flying onto the roadway and allegedly caused to his left shoulder blade. Zona filed an insurance claim against Spirlong, alleging that Spirlong was negligent in the operation of her vehicle. Specifically, Zona claimed that he was legally riding his bicycle within the designated bike lane when Spirlong turned suddenly and without warning, and struck him. Independent responding officers interviewed Spirlong at the scene following the collision, at which time Spirlong confirmed, “I didn’t see the guy on the bike, in the bike lane. I’m so sorry.” After obtaining statements and evaluating the physical evidence at the scene of the collision, the independent investigating officers determined that Spirlong was at fault for causing the collision and had violated California Vehicle Code § 21801 — failing to yield to oncoming traffic while making a left turn., Zona sustained contusions and a fracture to his left, non-dominant clavicle. He subsequently underwent orthopedic follow-up care, physical therapy, and acupuncture. Zona claimed that as a result of his , he was left with a permanent physical deformity of his fifth finger on his left hand. Thus, he sought recovery of approximately $2,387.54 in total paid medical reimbursements and an unspecified amount for his pain and suffering. His wife, plaintiff DeAnna Zona, who was in her 40s at the time of the accident, sought recovery of damages for her loss of consortium. The respondent’s insurer disputed the severity of Mr. Zona’s and future care needs.
Matter not filed, CA

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