Case details

Defense claimed motorcyclist could have avoided collision

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
left arm, left elbow, left knee, left leg, pain
FACTS
At around 10 p.m. on Dec. 28, 2013, plaintiff Zachary Peacock, 28, a tattoo artist, was riding his 1981 Yamaha 650 motorcycle southbound on Hermosa Avenue, in Rancho Cucamonga. Peacock was in the number one lane, out of two southbound lanes, and traveling about 35 mph in a 45 mph zone. At the same time, a 1997 Freightliner semi-tractor operated by Ernesto Monterrosa was stopped in the center turn lane of Hermosa Avenue, facing northbound and waiting to make a left turn into a truck yard where Monterrosa planned to pick up a semi-trailer. As Peacock approached the semi, a collision occurred. Peacock’s speed at the time of impact was 25 mph, and the collision occurred wholly within the center lane. Peacock sustained to his left leg, left arm, left knee and left elbow. Peacock sued Monterrosa and the trucking company that Monterrosa was driving for at the time of the incident, FNS Inc. Peacock alleged that Monterrosa was negligent in the operation of the semi and that FNS Inc., as a Department of Transportation licensed trucking company, was vicariously liable for Monterrosa’s actions. Peacock claimed that as he approached the stopped semi, Monterrosa suddenly started a left turn in front of him. Peacock alleged that as a result, he turned and braked, but that Monterrosa also corrected his turn so that he was mostly back in the center turn lane. As a result, Peacock claimed that he was unable to avoid colliding with Monterrosa’s semi-tractor. Plaintiff’s counsel contended that Monterrosa made, or started to make, a left turn when it was unsafe to do so. Counsel also contended that Peacock took proper evasive maneuvers in response to Monterrosa’s turn, but that Peacock had little to no time to react. Thus, plaintiff’s counsel argued that Peacock’s choices were reasonable under the circumstances. Monterrosa claimed that he was stopped when Peacock unexplainably lost control of his motorcycle and crashed into his semi-tractor, which had not yet started its left turn. Defense counsel argued that Peacock lost control of his motorcycle, as he was speeding and riding recklessly, perhaps zig-zagging between road reflectors near the center turn lane, and that Peacock did not observe Monterrosa’s stopped semi-tractor until it was too late to avoid it. Counsel contended that Monterrosa did not move his semi-tractor in the moments before the collision, as Peacock alleged, and argued that even if Monterrosa had started his left turn as Peacock approached, Peacock still had ample time to brake and/or turn in order to avoid colliding with Monterrosa’s semi-tractor., Peacock sustained a comminuted, open left femur fracture; comminuted fractures of the left radius and ulna; a comminuted fracture of the left olecranon; a complete tear of the left anterior cruciate ligament; and miscellaneous lacerations and soft tissue . He was subsequently transported from the scene by ambulance and taken to Arrowhead Regional Medical Center, in Colton, where he had multiple surgeries to repair his broken bones. Peacock underwent open reductions with internal fixations to repair his femur, ulna, radius and olecranon fractures. He was then discharged from Arrowhead seven days later. Peacock was initially confined to his bed, and was later required to use a wheelchair and a walker. He then underwent physical therapy and he continues to treat with his expert orthopedic surgeon. Peacock’s surgeries have left him with numerous, long, visible scars that run across and disfigure not just his body, but also various tattoos that have significant meaning to him. Peacock claimed that he missed approximately five months of work as a tattoo artist and that, given the extent of his , he believes that his work life has been shortened. He further claimed that he was on the verge of becoming a professional skate boarder, having been featured repeatedly on the cover of magazines, but that his have prevented him from becoming a professional. The plaintiff’s treating orthopedic surgery expert opined that Peacock will develop arthritis in all of his affected areas and that Peacock will require an ACL reconstruction and at least two knee replacements. The surgeon also opined that Peacock will require the removal of the hardware in his left elbow and left leg and that Peacock will have a lifetime of pain over the course of his remaining 52 years. Thus, plaintiff’s counsel asked the jury to award Peacock $2.5 million in total damages, including $1 million for future medical costs, $500,000 for Peacock’s past pain and suffering, and $1 million for Peacock’s future pain and suffering. Peacock waived all claims for past medical costs and all lost wages. Defense counsel agreed that all of Peacock’s were caused by the accident, with the exception, perhaps, of his ACL tear. The defense’s expert orthopedic surgeon testified that Peacock’s ACL condition might be due to a prior injury that he was unable to identify. Defense counsel also agreed that Peacock will need future surgeries to remove the hardware in his olecranon and femur, but argued that the cost would only total $37,000. In addition, counsel disputed that there was any potential for Peacock developing arthritis in the future. Thus, defense counsel asked the jury to render a defense verdict, but suggested that if the jury were to award Peacock anything, his damages should only total $187,000, which included $37,000 for future medical costs, $100,000 for past pain and suffering, and $50,000 for future pain and suffering. Shortly after the start of trial, the parties established a $1 million/$100,000 high/low agreement.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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