Case details
Motorcyclist claimed multiple fractures from collision with truck
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
hand, right hip, right lung, right ribs, right sacrum
FACTS
At approximately 3:45 p.m. on Dec. 29, 2013, claimant Christopher Brimley, 28, a waiter/bartender, was riding his motorcycle on Samoa Bridge, traveling on northbound R Street, in Eureka. While he was crossing the intersection of 4th Street and Highway 101, Brimley collided with a truck operated by Ben Allen, who was attempting a left turn from southbound R Street onto eastbound 4th Street. Brimley claimed to his right hip, right ribs, right lung, right hand, and sacrum. He also claimed a mesenteric hematoma and multiple fractures to his pelvis. Brimley brought a claimed against Allen, alleging that Allen was negligent in the operation of his vehicle. Brimley claimed that Allen made a sudden and illegal turn in front of his motorcycle, causing him to be ejected from his motorcycle and thrown to the pavement, while his motorcycle was dragged for over 50 feet underneath Allen’s truck. Brimley also presented testimony from an independent eyewitness who agreed that Allen made an unsafe left turn., Brimley was diagnosed with multiple fractures to his pelvis, including a right superior pubic fracture at the acetabulum, a fracture of the right inferior pubic ramus, a nondisplaced fracture of the left inferior pubic ramus, and a left slightly comminuted fracture of the superior pubic ramus. He was also diagnosed with multiple fractures to his hip; right, dominant hand; sacrum; and right ribs. In addition, he was diagnosed with a pneumothorax (collapsed lung) and a mesenteric hematoma. Brimley was subsequently taken by ambulance to the emergency room at St. Joseph Hospital, in Eureka. He ultimately underwent surgery on his hand fracture on Jan. 2, 2014, and then underwent approximately two months of physical therapy. Brimley claimed he was unable to work for seven months. He also alleged that his pelvic/hip fractures extended into his acetabular joint, resulting in post-traumatic arthritis of his hip that will require a future hip replacement. In addition, he alleged that his hand fracture will continue to affect him for the rest of his life and that he may require a future fusion of the distal interphalangeal joints. Thus, Brimley sought recovery of $523,125 to $754,845 for his future loss of earning capacity and $421,387 for his loss of ability to provide household services. He also sought recovery of $1 million to $1.2 million for his medical expenses, and recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Humboldt County, Humboldt, 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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