Case details

Motorcycle cop struck by car while pursuing speeding driver





Result type

Not present

anxiety, back, brain, brain damage, brain injury, cervical, concussion, depression, double vision, face, facial, fracture, fusion, glenoid labrum, head, herniated disc, impairment, knee, mental, neck, nerve, neurological, nose, psychological, sensory, shoulder, speech, tear, traumatic brain injury, vision
On Sept. 8, 2015, plaintiff Eric Bejar, 49, a California Highway Patrol officer, was motorcycling on Interstate 5, near Santa Clarita. He was pursuing a speeding motorist. The motorist began to merge onto the roadway’s median, and Bejar followed. His motorcycle’s rear end was struck by a trailing car that was being driven by Josefina Lopez. Bejar was propelled onto the roadway, and he claimed that he suffered of his back, his face, his head, his knees, his neck, his shoulders and a wrist. Bejar sued Lopez. The lawsuit alleged that Lopez was negligent in the operation of her vehicle. Bejar’s counsel contended that Bejar’s motorcycle had its emergency lights activated, but that Lopez failed to properly react. Lopez’s counsel contended that Bejar and the speeding motorist caused the accident. The jury was permitted to allocate liability to the speeding motorist., Bejar was transported to Henry Mayo Newhall Hospital, in Valencia. Doctors diagnosed a fracture of a vertebra of his spine’s cervical region, a fracture of an orbital bone and resultant damage of an eye’s tendon. Bejar claimed that he also suffered a concussion and mild residual damage of his brain; herniations of his C3-4, L2-3, L3-4 and L5-S1 intervertebral discs; a tear of his right, dominant shoulder’s rotator cuff; a tear of the same shoulder’s glenoid labrum; a sprain of his left shoulder; a tendon tear in each knee; and an injury of one arm’s ulnar nerve, with resultant wrist pain and paresthesia that weakened his grip. Bejar underwent surgical repair of his injured eye, fusion of his spine’s C4-5, C5-6 and C6-7 levels; debridement of damaged tissue in his right shoulder; and ablation of problematic spinal nerves in his lumbar region. He also underwent injections that were directed to his painful wrist. Bejar claimed that he has developed chronic pain syndrome, that he suffers residual diminution of his neck’s range of motion, that he suffers residual diminution of his right shoulder’s range of motion, and that his injured eye has developed diplopia, which is commonly termed “double vision.” He also claimed that his back, his left knee and his injured wrist remain painful. He claimed that his pain worsens when he lays in bed and has resultantly been sleeping in a reclining chair. He also claimed that his residual effects prevent his performance of any type of work. Bejar further claimed that he suffers residual effects of his brain’s injury, such as depressive anxiety disorder. He claimed that he experiences moodiness that causes occasional outbursts, such as episodes of verbal abuse, and he contended that his condition has affected his marriage. Bejar also claimed that his left knee requires surgery, that his injured wrist may require fusion, and that he may require further fusion of his spine’s cervical region. A doctor has also suggested further eye surgery but does not expect that the procedure would produce significant improvement. Bejar sought recovery of future medical expenses, a total of more than $2 million for past and future loss of earnings, and unspecified damages for past and future pain and suffering. His wife, Christina Bejar, sought recovery of damages for loss of consortium. Defense counsel contended that Eric Bejar did not suffer damage of the brain.
Superior Court of Los Angeles County, Beverly Hills, CA

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