Case details

Man with disabled motorcycle seriously injured when struck





Result type

Not present

back, bilateral knee, brain trauma, facial abrasions, facial fractures, head contusions, injuries, jaw, left ankle, lumbar nerve root disorder, mouth, neck, pain, right shoulder, skull, teeth.
At approximately 3:44 p.m. on July 24, 2014, plaintiff Paul Libaridian, 40, a self-employed audio visual technician, was operating a recently purchased motorcycle when it became disabled on Blackstone Avenue in Fresno. Libaridian’s motorcycle previously underwent a recent repair at Fast Lane Auto, during which brake pads were installed on the motorcycle. However, when Libaridian was later riding on Blackstone Avenue, the brakes locked up, possibly causing the motorcycle to become disabled. As Libaridian was attempting to pick his motorcycle off of the road, traffic approached. Harry Habib was operating his vehicle in the middle lane behind another non-party vehicle when the non-party vehicle swerved into the right lane. Habib subsequently braked, but was unable to avoid striking Libaridian. As a result, Libaridian was propelled several feet, and he sustained to his head, chest, face and leg. Libaridian sued Habib and Fast Lane Auto. Libaridian alleged that Habib was negligent in the operation of his vehicle. He also alleged that Fast Lane Auto negligently installed brake pads on his motorcycle, causing the brakes to lock up in roadway and possibly contribute to the motorcycle becoming disabled. He further alleged that Fast Lane Auto was a substantial factor in causing his . Fast Lane Auto was uninsured and did not respond to the lawsuit. Thus, a default judgment was entered against Fast Lane Auto. Habib contested liability, claiming that Libaridian was uninsured at the time of the accident. He also claimed that he was not negligent in the operation of his vehicle and that he did not have adequate time to perceive, react and avoid the collision., Libaridian sustained a skull fracture, a subdural hematoma, a subarachnoid hematoma, a Lefort II fracture, closed left tibia and fibula fractures, a scalp hematoma, multiple rib and cranial fractures, an intraoral lower lip laceration, multiple fractured teeth, dorsum contusions, facial abrasions, head contusions, facial fractures, bilateral knee , brain trauma, lumbar nerve root disorder at L4-5, left ankle pain, back and neck pain, right shoulder pain, and jaw and mouth pain. He was subsequently rushed to the trauma care center at a hospital, where he was admitted for three weeks. Libaridian underwent several surgeries, including a craniotomy and an open reduction and internal fixation of his left tibia. Libaridian claimed that his brain trauma affected his taste and smell (anosmia), and caused vision and hearing disturbances. He also claimed he suffers from headaches and depression. Libaridian was advised to undergo future orthopedic surgery for his bilateral knee pain, left leg pain, left shoulder pain, and left ankle pain. His primary care, which consists of treatment and medications, were recommended to remain ongoing. It was also recommended ongoing orthodontics following surgical reconstruction of the maxillofacial fractures. In addition, it was recommended that Libaridian receive ongoing physical medicine and rehabilitation relating to his nerves, muscles, bone, and brain disorders. Libaridian contended that his impairments will be life-long. As a result, he presented a life care plan with damages of $6.5 million, and past and future loss of income of $3 million.
Superior Court of Fresno County, Fresno, CA

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