Case details

Driver: Bicyclist unsafely changed lanes prior to collision





Result type

Not present

anterior cruciate ligament, knee, right knee, tear
On Feb. 8, 2014, plaintiff Mark Ellinger, a retired man in his 60s, was riding his daily bicycle route, traveling along Bushard Street, in Huntington Beach, when a vehicle operated by Abigail Camarero struck his bicycle from behind. Ellinger subsequently fell from his bike and landed on the roadway, causing abrasions to his body and an alleged injury to his right knee. Ellinger sued Camarero, alleging that Camarero was negligent in the operation of her vehicle. Specifically, Ellinger claimed that Camarero was inattentive and caused the collision when she rear-ended his bicycle. Defense counsel argued that Ellinger made an unsafe lane change directly in front of Camarero’s vehicle, causing the collision. Defense counsel also noted that Ellinger admitted that he did not look a second time before making the lane change., Ellinger claimed that he sustained a tear of the anterior cruciate ligament of his right knee and abrasions throughout his body. Although he could see abrasions immediately after the crash, he went home after the incident. Three days later, he presented to his regular physician and then underwent an MRI after presenting to an orthopedist about 10 days later. The MRI revealed the tear of the anterior cruciate ligament of his right knee. A few weeks later, Ellinger underwent arthroscopic surgery to repair the tear. Ellinger claimed that despite the surgery, he still has moments of knee pain. Defense counsel noted that both the plaintiff’s and defense experts agreed that Ellinger had pre-existing arthritis in both of his knees. However, the defense’s orthopedic expert opined that the pre-existing arthritis was the cause of Ellinger’s ongoing pain after the surgery. Defense counsel noted that the plaintiff’s orthopedic surgery expert did not deny that Ellinger had pre-existing arthritis, which could be the cause of his ongoing minimal knee pain.
Superior Court of Orange County, Orange, CA

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