Case details

Injured bicyclists claimed pedestrians violated trail rules

SUMMARY

$10172391

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, brain, brain damage, brain injury, chest, clavicle, concussion, fracture, gastrointestinal, head, neck, rib, shoulder, traumatic brain injury, vertebra, vertebrhead
FACTS
On June 2, 2014, plaintiff Ken Korsmo, 69, a commercial airline pilot, and plaintiff Carol Korsmo, 72, a teacher, were riding a tandem bicycle on the American River Bike Trail, in Folsom. They rounded a corner at approximately 10 mph and noticed Madalyn Ashby and Julio Lawrence walking side-by-side on the trail ahead of them. Mr. Korsmo rang his bicycle bell. Lawrence went left and Ashby went right. When Lawrence saw that Ashby had gone to the right, he summoned her back over to the left. However, when Ashby quickly moved to her left, she moved directly in front of the bicycle, which struck her. The bicycle then crashed on the trail. Ms. Korsmo sustained of her head, chest, stomach, back and a shoulder. Mr. Korsmo sustained of his head and chest. The Korsmos sued Ashby and Lawrence. The Korsmos alleged that Ashby and Lawrence were negligent for violating the rules of the trail, causing the collision. Plaintiffs’ counsel contended that the trail was divided into two lanes, with pedestrians required to stay left and bicyclists required to stay to right. However, Ashby and Lawrence were walking side-by-side, encroaching on the right lane, where the Korsmos were traveling. The Korsmos claimed that they did not see Ashby or Lawrence until they rounded a corner. Mr. Korsmo claimed that when he saw Ashby and Lawrence, he rang the bicycle’s bell to notify them of his approach and to signal them to get out of the way. He also claimed that when he saw Lawrence go left and Ashby go right, he intended to ride the bicycle between them, but that he did not expect Ashby to suddenly move left, stepping in front the bicycle. After the first day of trial, Ashby’s insurer agreed to tender its $300,000 policy to settle the Korsmos’ claims against Ashby. Liability was conceded as to the alleged violations of the trail rules, as the pedestrians violated several of the trail rules. However, defense counsel contended that the Korsmos were also liable for the accident. Lawrence claimed that neither he nor Ashby knew where the bicycle was at that time of they heard the bell. His counsel contended that Mr. Korsmo was negligent in his operation of the bicycle because Korsmo could have slowed down more or stopped before reaching Ashby and Lawrence. Counsel also contended that Korsmo failed to verbally clarify that he was intending to ride between the Ashby and Lawrence. The defense’s accident-reconstruction and human-factors experts opined that, based on the time, distance and perception-reaction time, Korsmo had time to slow or stop, and/or communicate prior to the collision., The Korsmos were taken by ambulance to a local emergency room. Mr. Korsmo sustained a concussion and a rib fracture. He underwent treatment in the emergency room and only required minor follow-up care. Korsmo claimed that his resolved within a couple of months. At the time of the accident, he was seven months away from his mandatory, age-based retirement from his job as a commercial airline pilot. He claimed that he had a loss of income while he recovered. Korsmo sought recovery of $65,317 in past medical costs and $109,615 in past lost wages. He also sought recovery of damages for his past and future pain and suffering. Ms. Korsmo sustained a severe traumatic brain injury, a clavicle fracture, rib fractures, a vertebral end plate fracture and a liver laceration. She underwent brain surgery to place a drain and a pressure-sensing device due to intracranial pressure caused by blood accumulation in her brain. She was then placed in long-term intensive care. Korsmo claimed that she has continuing symptoms due to the brain injury, including possible hydrocephalus resulting in gait alternation and incontinence. She also claimed that she can no longer work as a teacher due to her cognitive deficits and the physical manifestations of her brain injury. She further claimed that she will require long-term rehabilitation and in-home attendant care. Korsmo sought recovery of $567,149 in past medical costs for her emergency treatment and long-term intensive care; between $2.7 million and $3.5 million for her future medical costs; $217,660 for her past loss of wages; and $87,650 for her future loss of wages. She also sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Sacramento County, Sacramento, CA

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