Case details

Motorcyclist and passenger: Truck’s unsafe turn caused injuries





Result type

Not present

chest, fractured ribs, knee cap, knee injury, patella
On Sept. 11, 2012, plaintiff Daniel Fox, 20, a tow truck driver, was operating his motorcycle on eastbound Wagner Road, in Anaheim, with plaintiff Katherine Franks, an unemployed 18 year old, as his passenger. As a Chevy S-10 pickup truck, operated by Alicia Frausto, exited a school parking lot and made a left turn onto Wagner Road, in front of Fox’s motorcycle. Fox subsequently laid down the motorcycle to avoid a collision, and Fox sustained to his chest while Franks sustained to a knee. Fox and Franks sued Alicia Frausto and the owner of the pickup truck, Alicia Frausto’s father, Adrian Frausto. Fox and Franks alleged that Ms. Frausto was negligent in the operation of the pickup truck and that Mr. Frausto was vicariously liable for this daughter’s actions. Christina Cota was later added as a defendant, but she was ultimately dismissed from the case, as it was determined that she was a passenger in Ms. Frausto’s vehicle and had nothing to do with the collision. In addition, Mr. Frausto was also later dismissed from the case. Plaintiffs’ counsel contended that Ms. Frausto made an unsafe left turn out of a school parking lot, causing the incident. Defense counsel contended that Fox was operating his motorcycle too fast in a school zone., Fox and Franks were both taken by ambulance to University of California, Irvine Medical Center, in Orange. Fox sustained two fractured ribs. He ultimately recovered within two months Franks sustained a fractured patella (knee cap). She had it surgically repaired with the implantation of a plate within two days of the collision. Franks claimed that since the surgery, she continues to suffer stiffness and pain from the plate. Thus, Fox sought recovery of $26,227.75 in past economic loss and an unspecified amount of damages for his past pain and suffering. Franks waived her past economic loss, and sought recovery of $28,000 for her future medical expenses. She also sought recovery of damages for her past and future pain and suffering. Defense counsel did not dispute the reasonableness of treatment, just cost of Franks’ future surgery. Specifically, defense counsel argued that the cost of Franks’ future surgery would only be between $10,000 and $15,000.
Superior Court of Orange County, Orange, CA

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