Case details

Motorcyclist claimed car struck knee during illegal U-turn

SUMMARY

$45000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, knee, lower back
FACTS
On May 10, 2009, plaintiff Vincent Nguyen, a sanitation driver in his 40s, was riding a motorcycle south on Rolfe Road in Claremont when he was involved in a collision with a vehicle operated by Phyllis Kasparian. At the time of the crash, Kasparian was attempting a U-Turn from a parked position on the west side of Rolfe Road in order to enter the northbound lane. As a result, Nguyen was struck on the right side, and claimed to his right leg and lower back. Nguyen sued Kasparian and the owner of the vehicle, Mike Kasparian, her husband. Nguyen alleged that Mrs. Kasparian was negligent in the operation of her vehicle and that her husband was vicariously liable for her actions. Nguyen claimed that Mrs. Kasparian clipped his right leg and the cowling of his motorcycle, when she attempted the illegal U-Turn from a parked position. He also claimed that she was inattentive and failed to check before making the illegal maneuver across the double yellow line of Rolfe Road. Nguyen contended that he was dressed in full motorcycling attire during the accident, and that he had a long history of safe motorcycle riding, with no accidents, prior to the collision. Mrs. Kasparian claimed that she looked before attempting the U-Turn, but that she never saw Nguyen coming from behind her. She also claimed that Nguyen was likely speeding down Rolfe Road and that he failed to avoid her turning vehicle. However, the defendants ultimately stipulated to liability., Nguyen claimed he denied medical treatment at the scene because he did not want to incur any hospital bills. However, he later went to a Kaiser’s urgent care facility the following day with right leg and lower back complaints. He subsequently followed up with physical therapy from August 2009 to December 2009. Nguyen claimed he suffered from a pre-existing condition called Osgood-Schlatter disease, a bony protuberance of his upper shin bone, which was asymptomatic before the accident. He alleged that the condition became symptomatic as a result of the accident, causing him to suffer chronic right knee pain. His doctor ultimately recommended a shin bone shaving procedure, which Nguyen has not yet undergone. Following the course of physical therapy, Nguyen claimed that his lower back soft-tissue injury had resolved, but that he still experiences pain in his right knee. He claimed he missed work due to flare ups in pain and that his condition had made sanitation work difficult due to constant stop-and-go traffic. He further claimed that he no longer goes motorcycle riding because of his knee injury and that it also has affected his ability to play soccer with his children, which was one of his favorite activities. Nguyen’s past medical costs were stipulated at $4,196.40 and he asked the jury to award $85,000 in total damages. Defense counsel argued that there was no objective sign of injury to Nguyen’s right knee and no need for future surgery. Counsel also argued that the only reasonable treatment was Nguyen’s initial visits with Kaiser.
COURT
Superior Court of San Diego County, San Diego, CA

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