Case details

Motorcyclist claimed shoulder and elbow injuries from crash




Mediated Settlement

Result type

Not present

arm, back, chest, elbow, face, facial, femoral, fracture, head, hip, humerus hip, knee, left radial head, left shoulder, left shoulder's proximal humerus, leg, neck, nose, pubic rami, rib elbow, right arm's radial shaft, right hip's, right knee's tibial plateau, right leg's fibula, right wrist's ulnar styloid, shoulder, temporomandibular, tibial plateau radial head, TMJ, transverse process, vertebra, wrist
On July 18, 2014, plaintiff Alex Andrade, 41, was on his way home, riding his motorcycle on eastbound Gilman Springs Road, in Moreno Valley. As Andrade was entered the intersection with Alessandro Boulevard, a Ford F-550 pickup truck, operated by Julian Mangabat while in the course and scope of his employment with Riverside County Waste Management, attempted a left turn from westbound Gilman Springs Road onto southbound Alessandro Boulevard, turning directly in front of Andrade’s motorcycle. As a result, a collision occurred. Andrade sustained to his left shoulder and elbow. Andrade sued Mangabat and his employer, the county of Riverside. Andrade alleged that Manga bat was negligent in the operation of his pickup truck and that the county of Riverside was liable for Mangabat’s actions through the course and scope of his work. Riverside County Waste Management was also named as a defendant, but it was ultimately dismissed from the case. Plaintiff’s counsel contended that Mangabat knowingly made a left turn in front of Andrade’s motorcycle even though it should have been apparent to Mangabat that he would not be able to make the turn safely. Defense counsel contended that Andrade was traveling at speeds in excess of the posted speed limit and, therefore, was unable to avoid the collision. After all depositions, Mangabat admitted liability., Andrade sustained a comminuted fracture of his left shoulder’s proximal humerus and open fractures of the left elbow — specifically, a fracture of the left distal humerus and a comminuted fracture of the left radial head. He also sustained a fracture of the right arm’s radial shaft; a fracture of the right wrist’s ulnar styloid, resulting in a radial ulnar separation; fractures of the femoral shaft in both legs; a fracture of the right knee’s tibial plateau; and a fracture of the right leg’s fibula. In addition, he sustained fractures of the pubic rami; a fracture of the right hip’s posterior acetabulum; fractures of the lumbar vertebrae’s transverse processes at L3 and L4; a fracture of the 12th rib, resulting in pneumothorax; and a condylar neck fracture of the mandible, resulting in a dislocation of the temporomandibular joint. Andrade was subsequently transported by ambulance to Riverside County Regional Medical Center, in Moreno Valley, where he was examined and stabilized in the emergency room, and prepped for surgeries for his multiple . The next day, on July 19, 2014, Andrade underwent inclusion, irrigation, debridement and antibiotic bead placement to treat both the proximal and distal humerus fractures on the left arm. He also underwent internal fixation of both femurs with placement of a retrograde intramedullary rod in both legs, and use of intraoperative fluoroscopy to repair his left shoulder and elbow, and both legs. Three days later, on July 22, 2014, Andrade underwent open reduction and internal fixation of the left distal humerus and right radial shaft, an osteotomy of the left elbow’s olecranon, an arthroplasty of the left radial head, and closed reduction with percutaneous pinning of the left distal radial ulnar joint. In addition, he underwent irrigation and debridement of the left distal humerus; and use of intraoperative fluoroscopy to repair the right radial shaft, right distal radial ulnar joint, left distal humerus, and left radial head. Andrade claimed he missed time from work due to his . He also claimed that his were a result of the accident and that all economic damages were reasonable and necessary. He further claimed that he will require future medical treatment. Thus, Andrade sought recovery of $933,670.66 in past medical costs and $99,688 in lost earnings. He also sought recovery of damages for his past and future pain and suffering. Andrade’s wife, Fermina Khan, presented a derivative claim, seeking recovery of damages for her loss of consortium. Defense counsel argued that Andrade made a good recovery and disputed that Andrade would require any future medical treatment.
Superior Court of Riverside County, Riverside, CA

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