Case details

Crash caused shoulder and hip injuries, motorcyclist claimed

SUMMARY

$1126214.63

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
femoral, fracture, hip, neck, shoulder
FACTS
On March 16, 2011, at approximately 7:50 p.m., plaintiff Thomas Barbarito, 50, a general contractor, was riding his motorcycle on W. Hamilton Avenue, on his way home from the post office in Campbell, when a vehicle operated by Jennifer Van Gundy made a right turn across two lanes of traffic and struck him. Barbarito was thrown to the ground and suffered to his left hip and shoulder. Barbarito sued Jennifer Van Gundy and her father, Steven Van Gundy, the owner of the vehicle. Barbarito alleged that Ms. Van Gundy was negligent in the operation of her vehicle and that Mr. Van Gundy was vicariously liable for his daughter’s actions. Specifically, Barbarito claimed that Ms. Van Gundy negligently turned across two lanes when it was unsafe to do so. The day before opening statements, Barbarito dismissed Mr. Van Gundy from the case and Ms. Van Gundy admitted liability for the accident. Thus, the matter proceeded to a trial on damages only., Barbarito sustained fractures to his left femoral neck of his hip and to his left clavicle. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. Barbarito ultimately underwent three total surgeries on his left hip, including open reduction and internal fixation, as well as two operations to recontour the femoral neck of his left hip and remove the internal fixator. He also underwent arthroscopic surgery on his left shoulder to repair soft-tissue damage. Barbarito claimed his hip injury caused nerve damage to his penis, resulting in erectile dysfunction for the rest of his life. He also claimed that his quality of his life suffered as a result of being forced to quit coaching baseball, as well as quit playing sports and other physical activities, along with losing the ability to be his own boss as a general contractor. However, he alleged that he was able to return to work as a superintendent/project manager, performing some manual labor. Barbarito further claimed that he will require substantial medical care, consisting of a total left hip replacement, a second hip replacement in 20 years, additional shoulder surgery, rehabilitation, and life-long medication for physical pain and depression. Thus, Barbarito sought recovery of $126,214.63 in past medical costs, between $788,280 and $1,500,575 in future medical costs, $500,000 in damages for his past pain and suffering, and $2.5 million in damages for his future pain and suffering. He waived his lost earnings claim prior to trial. Defense counsel argued that Barbarito’s future medical care would be minimal, only amounting to approximately $48,000, and that no provision should be made for any long-term pain medication, rehabilitation or treatment for erectile dysfunction. Counsel also argued that Barbarito’s alleged erectile dysfunction was either fabricated or caused by Barbarito’s age, and not the collision. Defense counsel contended that Barbarito had given up his recreational activities due to the time demands of his new superintendent/project manager job, rather than his , and that Barbarito’s new job was superior and more satisfying than his previous job as an infrequently employed sole employee of his own construction company.
COURT
Superior Court of Santa Clara County, San Jose, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case