Case details

Intersection crash caused hand and leg fractures: motorcyclist





Result type

Not present

back, neck, right hand, right leg, right shoulder
On Feb. 2, 2014, at approximately 4:50 p.m., plaintiff Brandon Sheibe, 26, an aviation technician, was riding his Harley Davidson motorcycle in the left-most lane on northbound Beach Boulevard in Orange when he entered the intersection with Monroe Avenue and encountered a left-turning semi-truck operated by Pul Rosas, who was coming from southbound Beach Boulevard. Sheibe dropped his motorcycle in an attempt to avoid a collision, but he skidded and collided with the turning truck. He claimed to his right hand, right leg, right shoulder, neck, and back. Sheibe sued Rosas and the owners of the semi-truck, Michael and Kobe Pham, who were also Rosas’ employers. Sheibe alleged that Rosas was negligent in the operation of the semi-truck and that the Phams were vicariously liable for Rosas’ actions through the course and scope of his employment. Specifically, Sheibe contended that Rosas failed to yield to oncoming traffic at the subject, uncontrolled intersection, causing the accident and his personal . Rosas claimed that Sheibe was comparatively at fault for traveling at an excessive rate of speed on his motorcycle (roughly 45 mph). The defendants’ insurance carrier obtained a statement from an eyewitness, a doctor traveling behind Sheibe on northbound Beach Boulevard, who stated that Sheibe’s speed was excessive. However, the defendants ultimately accepted 75 percent of the liability for the accident. Sheibe’s counsel contended that he also met and obtained a statement from the witness, but that the witness provided many inconsistencies and had serious credibility issues., Sheibe sustained fractures of his right hand and leg, soft-tissue strains and sprains of his neck and back, and pain to his right clavicle. He was subsequently taken by ambulance to an emergency room, where he underwent open reduction and internal fixation surgery to the third carpometacarpal joints of his right hand with K-wires transfixing the fourth and fifth metacarpal bases. Sheibe also underwent open reduction and internal fixation of his right leg and a later adjustment of the implanted hardware. In addition, he treated his with physical therapy, which has been ongoing. Sheibe claimed his recovery has been successful, in that he is planning on returning to work in August 2014. However, he claimed he will require ongoing physical therapy two times a week for an addition three or four months. Thus, Sheibe sought recovery of $351,000 in past medical costs and $18,000 in past loss of earnings. He also sought recovery of damages for his pain and suffering.
Matter not filed, CA

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