Case details
Motorcyclist claimed right of way in intersection crash
SUMMARY
$1250000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, arterial, bimalleolar, face, fracture, leg, neck, nose, wrist
FACTS
On April 19, 2018, plaintiff Christopher Blaszczyk, 41, a writer, was motorcycling south on State Route 1, in Sunset Beach, a beachfront community in Huntington Beach. As he entered the intersection with 10th Street, his motorcycle collided with a vehicle operated by Charles Buscemi, who was making a left turn from eastbound from 10th Street onto northbound SR-1. Blaszczyk sustained to his face, left leg, back and a wrist. Blaszczyk sued Buscemi, alleging that Buscemi was negligent in the operation of his vehicle. Blaszczyk claimed he had the right of way when he approached the intersection and that Buscemi had a stop sign from his way of travel on 10th Street. He also claimed that Buscemi attempted to make a left, cutting directly in front of him. Buscemi claimed that he was completely in the center lane at the time of impact and that Blaszczyk rode his motorcycle into him by traveling out of his own lane., Blaszczyk sustained fractures of the left fibula, nose, and a wrist. He also sustained a cervical fracture at C7, a bimalleolar fracture of the left ankle and a subdural hemorrhage. He was taken by ambulance to an emergency trauma center. Blaszczyk underwent surgery on his wrist and leg at the emergency room, and then underwent another surgery on his ankle six months later. Blaszczyk claimed that he had severe mobility issues immediately after the accident and that he had to undergo a second surgery on his ankle to deal with his ability to walk. He went back to work four months after the accident, but he claimed he still has pain in his left leg. Blaszczyk further claimed that he is still unable to mountain climb, riding motorcycles or run. The plaintiff’s doctors are monitoring Blaszczyk’s left leg for potential non-union of his fibula, which would result in the need for another surgery. Blaszczyk sought recovery of over $100,000 in past medical costs, about $40,000 in lost wages, and an unspecified amount of damages for his past and future pain and suffering. His wife, Jessica Bohy, who was 32 years old at the time of the accident, sought recovery for her loss of consortium.
COURT
Superior Court of Orange County, Orange, 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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