Case details
Motorcyclist claimed holes left in roadway caused crash
SUMMARY
$6100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, impairment, mental, psychological, traumatic brain injury
FACTS
On Oct. 11, 2015, plaintiff Philip Alvarez, 26, a casual longshoreman, was motorcycling on Western Avenue, in San Pedro, when he lost control, went up a dirt embankment and was ejected from his motorcycle. He landed on the street and sustained to his head. Alvarez sued the city of Los Angeles, the county of Los Angeles, the city of San Pedro, and the State of California Department of Transportation. Several of the defendants were dismissed from the case, and the matter only continued against the owner of the street, the city of Los Angeles. Alvarez claimed he lost control of his motorcycle when it struck one of several holes in the roadway that were formed by city employees for their surveying equipment. He contended that the city was negligent in the maintenance and/or repair of the roadway. The city admitted that the hole was created for surveying but denied that the hole caused Alvarez to lose control or that Alvarez even hit the hole., Alvarez’s helmet cracked when it struck the pavement, causing him to sustain a traumatic brain injury. Alvarez was taken to a hospital, where he was in a coma for weeks. He suffered cognitive impairments and had to relearn how to speak and walk. Alvarez was a casual longshoreman, putting in his time to be a full-time longshoreman. However, he claimed he may never work again, as his cognitive abilities are severely impaired. Alvarez also claimed that he still walks with a limp and that he will require further rehabilitation. Alvarez sought recovery for his future lost earnings, and past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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