Case details

Motorcyclist alleged officer’s unsafe U-turn caused crash

SUMMARY

$3250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, emotional distress, femoral, fracture, head, headaches knee, hip, lumbar, mental, neck, neurological, psychological, radiculopathy
FACTS
On May 16, 2017, plaintiff Robert Reyes, 32, a veteran, was motorcycling behind a marked California Highway Patrol vehicle operated by California Highway Patrol Officer Daniel Compomizzo on southbound State Route 41. When they were just north of Kettleman City, Compomizzo slowed his vehicle and pulled over to the right shoulder, to make a U-turn to pursue a speeding vehicle traveling in the opposite direction. As Compomizzo initiated his turn, the front, left tire of his vehicle collided with Reyes, which caused Reyes’ motorcycle to be propelled across the northbound lanes of traffic. Reyes was propelled off the motorcycle on other side of the road, where he landed on the northbound shoulder. Reyes sustained to his back, right knee and right hip. Reyes sued Compomizzo and Compomizzo’s employer, the California Highway Patrol. Reyes alleged that Compomizzo was negligent in the operation of his vehicle and that the CHP was vicariously liable for Compomizzo’s actions while in the course and scope of his employment. Compomizzo was ultimately dismissed from the case. Reyes’ counsel contended that Compomizzo negligently pulled out directly into the path of Reyes’ motorcycle, causing the collision. Counsel further noted that the CHP investigated the accident and determined that Compomizzo caused the collision by making an unsafe turning movement in violation of Vehicle Code § 22107. Compomizzo claimed that he did not see Reyes prior to the impact. Defense counsel contended that Reyes was comparatively negligent for failing to slow in response to Compomizzo pulling to the right side of the road., Reyes claimed that he suffered a bulging lumbar disc at the L4-5 level resulting in radiculopathy; an anterior cruciate ligament injury and patellar dysfunction of the right knee; and numerous bruises and abrasions. He also sustained fractures of the right femoral head and neck to his right hip. In addition, he claimed that the accident exacerbated his migraine headaches. Reyes was taken to a hospital, and he later underwent surgical repair of his right hip fractures. He claimed that the surgery resulted in a non-union of the hip, causing the need to undergo a total right hip replacement, which had to be repeated due to an infection. Reyes claimed that he was left with scars and that he suffers from emotional distress as a result of the incident. Experts for the plaintiff and defense agreed that Reyes would need at least one future hip replacement, estimated to cost approximately $500,000. Plaintiff’s counsel contended that, due to the sustained, Reyes, a Marine Corps veteran, would need vocational training and that Reyes would ultimately lose approximately $15,000 in future income annually. Thus, Reyes sought recovery of approximately $150,000 in past medical costs, approximately $500,000 in future medical costs and approximately $15,000 in future lost income. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Fresno County, Fresno, CA

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