Case details

Motorcyclist claimed motorist’s U-turn caused crash

SUMMARY

$6000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
blunt force trauma to the head, cognition, fracture, head, impairment, leg, mental, partial loss of, psychological, sensory, speech, vision
FACTS
On July 20, 2010, the plaintiff, a 48-year-old registered/licensed veterinarian technician at All Creatures Pet Care Center, was operating her motorcycle on northbound Plano Roadway in Porterville when the side of her motorcycle was struck by a vehicle that was making a U-turn. The motorcyclist was subsequently pushed into a road sign and sustained to her left leg, right arm and head. The motorcyclist sued the driver of the turning vehicle and the driver’s employers. She alleged that the driver was negligent in the operation of her vehicle and that her employers were vicariously liable for her actions. The defendant driver conceded liability., The motorcyclist sustained a comminuted femur fracture of the left, upper leg, a torn and ruptured triceps tendon of the right dominant arm, and blunt force trauma to her head from the accident. She was subsequently airlifted to a hospital, where she underwent surgery on her left leg, including the insertion of a rod and a partial patellectomy. Within one month of the accident, the plaintiff underwent a below-the-knee amputation of her left leg. The plaintiff claimed that her head resulted in the loss of the upper vision field in her left eye. She also claimed an altered mental status, consisting of mild cognitive impairments, night terrors and phantom pain. In addition, the plaintiff claimed she will never return to work as a veterinarian technician. The plaintiff’s husband presented a derivative claim, seeking recovery for his loss of consortium. Defense counsel contended that the plaintiff should be able to return to part-time work.
COURT
Superior Court of Tulare County, Tulare, CA

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