Case details

Driver claimed bicyclist rode into his lane, causing crash





Result type

Not present

ankle, fracture
On Oct. 28, 2009 at approximately 7:39 a.m., plaintiff Melchor Medina, 26, a worker at an auto parts store, was riding his bicycle on Stockton Street, toward Market Street, in San Francisco. As he entered the intersection with Ellis Street, before reaching Market Street, his bicycle collided with the front drivers’ side of a BMW sedan operated by Peter Liu, who was traveling on Ellis Street, heading toward Market Street. Medina subsequently flew onto the hood of Liu’s car and then rolled down onto the ground in front of the vehicle, fracturing his right ankle. Medina sued Liu for motor vehicle negligence. Medina contended that Liu failed see him on his bicycle and entered into his lane of travel. Liu agreed that he did not see Medina until after the accident. However, he claimed that Medina entered into his lane of travel and caused the accident., Medina sustained a fractured right ankle, and was subsequently taken from the accident scene by ambulance and brought to a hospital. Medina underwent open reduction and internal fixation surgery with the installation of two metal screws into his ankle on Nov. 4, 2009. After surgery, Medina wore a cast, followed by a special boot until approximately March 2010. He also used a wheelchair for a period of time at work. Medina claimed that his medical specials were approximately $18,000, plus approximately one month of wage loss at approximately $2,500. Thus, he sought recovery of $100,000 in damages. Defense counsel did not dispute Medina’s or the reasonableness of his medical treatment.
Superior Court of San Francisco County, San Francisco, CA

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