Case details

Motorcyclist claimed rear-end collision caused fractures





Result type

Not present

back, lacerations, neck, right knee, right leg, right shoulder, soft-tissue injuries
In 2015, plaintiff Stephen Wall, 35, was operating his motorcycle on a street in Oxnard when the rear of his motorcycle was struck by a vehicle driven by Brian McGillivray. Wall claimed to his right knee, right shoulder, and back and neck. Wall sued McGillivray and McGillivray’s employer AGQ USA. Wall alleged that McGillivray was negligent in the operation of his vehicle and that AGQ USA was vicariously liable for McGillivray’s actions while engaged in the course and scope of his employment at the time of the collision. McGillivray did not actively dispute the issue of liability., Wall sustained fractures of the right knee’s patella and the right shoulder’s scapula. He also sustained soft tissue to his neck and back, and lacerations to his lower, right leg. Wall was subsequently taken by ambulance to a local emergency room. She underwent a course of physical therapy and ultimately underwent a total knee replacement of the right knee. Wall claimed that despite treatment, he continues to suffer residual pain in his right knee. He also claimed he suffers a limited range of motion in his right knee, causing a limp. Thus, he alleged he has difficulty walking. Wall further claimed that as a result, he will require another knee replacement in 20 years. Thus, Wall sought recovery of damages for his past and future pain and suffering, and past and future medical costs.
Superior Court of Ventura County, Simi Valley, CA

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