Case details

Motorcyclist claimed deputy’s lane change caused accident

SUMMARY

$50000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
abrasions, back, contusion, neck, shoulder epidermis
FACTS
On April 10, 2020, plaintiff Daniel Bertino, 34, a systems technician for AT&T, was motorcycling on southbound Interstate 605, in Irwindale. A Los Angeles County Sheriff’s Department vehicle operated by Juan Quinonez, who was also traveling on the same roadway, attempted to merge into Bertino’s lane. Bertino swerved and ultimately went down on his motorcycle. He claimed to his neck, back and a shoulder. Bertino sued Quinonez and Quinonez’s employer, the county of Los Angeles. Bertino alleged that Quinonez was negligent in the operation of his vehicle and that the county was vicariously liable for Quinonez’s actions while in the course and scope of his employment. Bertino’s counsel contended that Quinonez negligently merged into Bertino’s lane, causing Bertino to swerve and go down on his motorcycle. Defense counsel disputed liability, asserting that there was no contact between Quinonez’s vehicle and Bertino’s motorcycle. Counsel further asserted that Bertino caused his accident by negligently lane splitting., Bertino was taken by ambulance to the emergency department at a Kaiser facility. He complained of neck pain, back pain and shoulder pain. He also had contusions, abrasions and scrapes. Bertino underwent an MRI, and he treated with pain management, chiropractic care and orthopedic treatments for approximately 2.5 months. Bertino’s back and shoulder pain resolved, but he continued to complain of neck pain. As a result, epidural steroid injections were recommended for the neck pain, but Bertino declined them at that time. Bertino missed about five days of work, but he was ultimately able to return. Bertino sought recovery of approximately $15,000 in past medical costs. He also sought recovery of damages for his past and future pain and suffering. Defense counsel disputed the amount of treatment Bertino allegedly required and the recommendation for injections.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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