Case details

Motorcyclist claimed bicyclist’s unsafe turn caused collision





Result type

Not present

finger, fracture, head, neck, pain, right fifth metacarpal
At 11:09 a.m. on Sunday, March 3, 2013, plaintiff Russell Honda, 63, an automotive parts manager, went on a motorcycle ride from his home in Las Vegas through Death Valley. As he was traveling on westbound State Route 190, west of State Route 127, in unincorporated Inyo County, when a bicycle operated by Arlyn Scott made a left turn directly in front of him, resulting in a collision. At the time of the incident, Scott was participating in a bicycle tour organized by Adventure Cycling Association, which set up a water station on the opposite side of the roadway. Accordingly, the traumatic collision sequence was captured on a digital recording by an individual stationed at the water station who was filming the bicyclists. Honda sustained to his head, a finger, and his neck. Honda sued Scott and Adventure Cycling Association. Honda alleged that Scott was negligent in the operation of his bicycle, in violation of California Vehicle Code § 22107 and that Adventure Cycling was liable for Scott’s actions. Honda claimed that Scott, suddenly and without warning, made an unsafe, left-turning movement directly in front of his oncoming motorcycle as he attempted to cross the roadway. Plaintiff’s counsel noted that the collision was caught on a digital recording and was also independently witnessed by a man traveling directly behind Honda. The witness claimed that he observed Scott turning left directly in front of the approaching motorcycle. In addition, plaintiff’s counsel noted that the investigating police officer determined that the collision was caused by Scott’s unsafe turning movement and not waiting for reasonable safety. The officer also determined that, following the impact, Honda was thrown from his motorcycle and slid approximately 148 feet in a westerly direction before colliding with a rock approximately 7 feet south of the southern edge of SR-190. The defendants initially denied liability., Honda sustained a concussion, a displaced fracture of the right fifth metacarpal, a C5-6 focal tear, and interspinous ligament tears at the C3-4, C4-5 and C5-6 levels. He was subsequently airlifted to Las Vegas, where he was placed in a stiff C-collar for over two months and underwent treatment. Thus, Honda sought recovery of medical costs and of damages for his pain and suffering. Kinuko Kubota asserted a loss of consortium claim. Defense counsel disputed the severity of Honda’s alleged and damages.
Superior Court of Inyo County, Bishop, CA

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