Case details

Motorcyclist claimed accident caused knee and hip injuries





Result type

Not present

knee, meniscus, tear
On July 26, 2010, plaintiff Patricia Schwerin, 52, a nurse, was riding her motorcycle east on Beverly Boulevard in Los Angeles. While crossing the intersection with Vista Street, the back of her motorcycle was clipped by a vehicle operated by Bennett Glotzer, who was making a left turn from westbound Beverly Boulevard onto southbound Vista Street. Schwerin subsequently lost control of her motorcycle, which came down on her right leg. She claimed to her right knee and hip. Schwerin sued Glotzer. She alleged the defendant was negligent in the operation of his vehicle. Specifically, Schwerin contended that Glotzer was driving inattentively and failed to yield to oncoming traffic at the intersection in question. Glotzer claimed that Schwerin had enough time to avoid the collision and wasn’t paying attention as she entered the intersection. Thus, he contended that Schwerin was comparatively at fault for the accident., Schwerin was taken from the scene of the accident by ambulance and brought to an emergency room. She claimed she sustained a meniscal tear of the posterior horn of her right knee and followed up with some physical therapy. Within three months of the accident, Schwerin underwent arthroscopic surgery on the knee. She then followed up with more physical therapy. However, the knee was ultimately diagnosed as a “bone on bone” condition and, eight months after the accident, Schwerin underwent a total right knee replacement, followed by roughly five more months of physical therapy. Although the knee replacement was considered a success, Schwerin claimed an exacerbation of a pre-existing right hip condition, which she claimed ultimately resolved. However, she claimed she missed four total months of work, and alleged that she can longer walk long distances, ride her motorcycle or ski anymore. Schwerin claimed approximately $275,000 in past medical costs and sought recovery of $20,000 in past loss of earnings. She also sought recovery of an unspecified amount of damages for her future medical costs, which includes the possibility of second knee replacement, and for her past and future pain and suffering. Defense counsel contended that Schwerin has had an arthritic condition in her right knee since the age of 26. Thus, counsel argued that along with her hip condition, all of Schwerin’s were pre-existing, and were not caused or worsened by the accident.
Superior Court of Los Angeles County, Los Angeles, CA

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