Case details

Motorcyclist claimed car ran red light, resulting in crash





Result type

Not present

arm, carpal tunnel syndrome, fracture, wrist
On Jan. 17, 2011, at around 7:55 a.m., claimant Alexander Mikhail, 27, the Vice President of Hardware for Liquor Monitor, was riding his green, 2003 Kawasaki Ninja X6RR, in the far left, southbound lane of Harvard Avenue in the city of Irvine. As he entered the intersection with Alton Parkway, he was struck by a red, 2005 Honda Element operated by Winston Yang, who was traveling west on Alton Parkway, causing Mikhail to be thrown from his motorcycle. Mikhail sued Winston Yang and the owner of the Honda, Cha Yang. He alleged that Winston Yang was negligent in the operation of his vehicle and that Cha Yang was vicariously liable for his son’s actions. Mikhail claimed that he had a green traffic signal when he entered the intersection, and that the Yangs’ Honda appeared suddenly and without warning, and struck him. Thus, he contended that Winston Yang ran a red traffic signal, and that this was confirmed by independent witnesses and the investigating police officer. Winston Yang disputed Mikhail’s claims and argued that his traffic signal was green., Mikhail sustained a displaced fracture of the distal radius of his left non-dominant wrist and forearm, as well as a dorsal dislocation of the left wrist’s ulna. He also sustained base fractures of the fourth and fifth metacarpals, and contusions/abrasions on his hands, left shoulder and groin. Mikhail was subsequently taken by ambulance to a hospital, where had a plate placed in his left forearm. Thus, he claimed approximately $32,763.50 in past medical costs. Mikhail’s finger fractures resulted in malunion and carpal tunnel syndrome. Although he acknowledged that the finger , as well as the wrist injury, did not have any effect on his work, he claimed he suffers weakness in his left hand. Mikhail will eventually have to undergo the removal of the plate that was placed in his forearm, as well as undergo a fusion of the fourth and fifth metacarpal base joints on his left hand.
Matter not filed, CA

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