Case details

Defense claimed bicyclist’s speeding caused collision





Result type

Not present

On April 18, 2016, plaintiff Andrea Salvadei, a soccer coach in his 30s, was bicycling on Broadway, near its intersection at Lawton Avenue, in Oakland. He collided with a mid-size vehicle operated by David Alexander. The side of Salvadei’s bike impacted the rear passenger side of Alexander’s vehicle. Salvadei claimed an injury to his left hip. Salvadei sued Alexander and the believed owner of Alexander’s vehicle, Pauline Fox. Salvadei alleged that Alexander was negligent in the operation of his vehicle and that Fox was vicariously liable for Alexander’s actions. Fox was dismissed from the case once it was determined that she was not the registered owner of the vehicle. The matter proceeded to a trial against Alexander. Salvadei claimed that Alexander’s vehicle was five yards ahead of him, in the left lane, when it moved into the right lane, where he was bicycling. Salvadei claimed that Alexander looked in his mirror before switching lanes, but that since he was already bicycling in the right lane, Alexander was negligent for failing to yield to him. Defense counsel argued that Alexander checked his mirrors and made sure it was safe to switch lanes before attempting to do so. Counsel also argued that Salvadei lost control of his bicycle as a result of speeding and the incline on Broadway and that Salvadei collided with the rear of Alexander’s vehicle and then fell into it., Salvadei struck his left hip when he fell off the bike. He presented to his medical provider at a Kaiser location for treatment of his complaints of hip pain. He ultimately underwent physical therapy and received a cortisone injection. Salvadei claimed that he still has soreness in his left hip and that his ongoing pain impacts his daily comfort. He alleged that as a result, he has not been able to enjoy the quality of life he did prior to the subject accident. Salvadei sought recovery for his past and future medical costs, and for his property damages and loss. He also sought recovery of damages for his past and future pain and suffering. Defense counsel contented that Salvadei did not complete his initial treatment of physical therapy, as Salvadei reported that he was no longer in pain, that he was doing well and that all was resolved. Counsel also contended that an MRI taken in August 2018 showed no significant trauma, other than age-related changes. In addition, counsel contended that Salvadei did not seek to continue his physical therapy, which was the treatment recommended to him. Defense counsel argued that as a result, there were inconsistencies with Salvadei’s treatment and him allegedly reporting that his injury was resolved prior to trial. The defense’s expert orthopedic surgeon testified that Salvadei did not complete his treatment, as required, and recommended that if Salvadei felt ongoing pain, he should continue ongoing physical therapy. Defense counsel noted that despite claiming that his alleged pain impacted his daily life, Salvadei continued to coach soccer, ride his bike and hike.
Superior Court of Alameda County, Oakland, CA

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