Case details

Collision caused injuries to pelvis and groin: motorcyclist

SUMMARY

$4000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fracture, orchiectomy, pelvis, pelvis epidermis, road rash amputation, testicle
FACTS
On Aug. 12, 2018, plaintiff Jose Aguirre, a U.S. Marine, was motorcycling in Anaheim. As he entered the intersection of West La Palma Avenue and North Columbine Street, a vehicle operated by Muralidharan Doreswamy Iyengar turned left in front of Aguirre, resulting in a collision. Aguirre was thrown off his motorcycle at about 40 mph, resulting in to his pelvis, groin and left leg. Aguirre sued Muralidharan Doreswamy Iyengar and the owner of Muralidharan Doreswamy Iyengar’s vehicle, Jayashree Doreswamy. Aguirre alleged that Muralidharan Doreswamy Iyengar was negligent in the operation of his vehicle and that Jayashree Doreswamy was vicariously liable for Muralidharan Doreswamy Iyengar’s actions. The defendants stipulated to liability before jury selection., Aguirre was immediately taken via ambulance to UC Irvine Medical Center, in Orange. He was diagnosed with an "open book" pelvic fracture, a ruptured testicle and road rash on his left leg. Aguirre underwent internal fixation on his fractured pelvis and his ruptured testicle was ultimately removed. He also went two months of physical therapy. Aguirre claimed that he was at the top of his class of Marines before the accident, but that afterward, he was somewhat in the middle, unable to perform the high impact, strenuous activities required by the Marine Corps, as he was able to do previously. He also claimed that he has pain and stiffness with prolonged exercise. However, he claimed that within eight months, he was able to pass the physical fitness test for active duty, which included running three miles and doing pull-ups and sit-ups, despite his lowered abilities and pain. Aguirre alleged that he no longer walks with a limp and that he was back in the gym six days a week, but that he is still struggling to regain his lost strength and abilities, and that he still has pain. In addition, he claimed that he still has urinary issues, including frequent urination. Aguirre sought recovery of damages for his past and future pain and suffering. Defense counsel argued that Aguirre was exaggerating his residual or making them up. According to plaintiff’s counsel, during cross-examination of the defense experts showed that they were simply being advocates for the defense’s side, rather than giving opinions based on the evidence.
COURT
Superior Court of Orange County, Orange, CA

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