Case details
Driver claimed bicyclist struck his stopped sport utility vehicle
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, cervical, lumbar, neck, sprain, strain
FACTS
On Jan. 6, 2010, plaintiff Juan Alvarez, 41, was riding his bicycle, against the flow of traffic, on the sidewalk along Bayshore Boulevard in San Francisco. As he entered the intersection with Hester Avenue, Alvarez struck a sport utility vehicle operated by Defen He, who was driving down Hester Avenue toward the intersection with Bayshore Boulevard, where there is a crosswalk but no stop sign. Alvarez claimed that he injured his back and neck, as well as both hips and shoulders, as a result of hitting his bicycle into the right side of the SUV. Alvarez sued Defen He and the co-owner of the SUV, Rong He. Alvarez alleged that Defen He was negligent in the operation of his vehicle and that Rong He was vicariously liable for Defen He’s actions. Rong He was ultimately dismissed from the case, and the matter continued to trial against Defen He only. Alvarez claimed that Defen He was speeding and failed to stop at the intersection. Thus, Alvarez claimed that Defen He’s vehicle appeared too quickly in front of his bicycle to be able to stop in time or avoid striking the SUV. Defen He claimed he stopped once before the crosswalk and then again in the crosswalk as he looked to the left for oncoming traffic. However, he claimed that as he was stopped in the crosswalk, Alvarez’s bicycle collided with the right side of his car. Thus, defense counsel argued that Defen He lawfully entered the crosswalk, as he did not see anyone approaching, and had no reason to expect a bicycle quickly approaching from his right., Alvarez carried his bicycle away from the scene of the accident and walked to a bus stop. The following day, he presented to a chiropractor. Alvarez claimed he sustained soft-tissue , including strains and sprains to the lumbar and cervical levels of his spine, as well as to both hips and shoulders. Alvarez alleged that he developed cervicocranial syndrome, a neurologic condition caused by the injury of the spinal sympathetic nerves in his neck. He also alleged that he developed muscle spasms and subluxation of his cervical, thoracic and lumbar spine. As a result, Alvarez treated with purely chiropractic treatment, which included physiotherapy and spinal manipulation, until March 15, 2010. Alvarez claimed that he still has pain, though his physicians opined that everything resolved.
COURT
Superior Court of San Francisco County, San Francisco, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury