Case details

Intersection accident caused clavicle fracture, plaintiff alleged





Result type

Not present

left shoulder, right ankle, right knee
On March 21, 2012, at approximately 9:20 p.m., plaintiff Paul Johnson, 29, a fabricator for a bulletproofing company, was riding his motorcycle on northbound Newport Boulevard in Costa Mesa when he entered the intersection at West 19th Street and broadsided the passenger side of a sport utility vehicle operated by Christine Backus, who was attempting a left turn from southbound Newport Boulevard. Johnson primarily claimed an injury to his left shoulder. Johnson sued Backus, alleging the defendant was negligent in the operation of her vehicle. Johnson claimed that he was proceeding straight on a green light when Backus turned left on a stale red left-turn signal. At deposition, two eyewitnesses testified that Backus ran a red light at the intersection. The police report for the accident was initially adverse to Johnson, but further investigation found that fault was undetermined. Backus claimed that she entered the intersection on a yellow left-turn signal that turned red while she was mid-turn., Johnson fractured his left clavicle, and sustained minor soft-tissue to his right knee and right ankle. He was subsequently was taken by ambulance to an emergency room for treatment. Roughly one month later, Johnson underwent open reduction and internal fixation surgery on his left shoulder. Johnson claimed that seat belts and backpack straps still cause the implanted hardware to irritate his left shoulder and that he will eventually require hardware removal surgery. He also claimed that although he was on state disability for a dislocated right shoulder at the time of the accident, his left shoulder injury further delayed his return to work. Thus, Johnson sought recovery of $25,000 in loss of earnings/earning capacity, $30,000 in past medical costs, and $5,000 to $10,000 in future medical costs. He also sought recovery of damages for his pain and suffering. Defense counsel did not dispute the severity of Johnson’s fracture, but asserted the hardware removal would only cost $5,000.
Superior Court of Orange County, Santa Ana, CA

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