Case details

Motorcyclist claimed SUV came into his lane and struck him





Result type

Not present

ankle, cuneiform fracture, foot, fracture, heel
On July 22, 2015, plaintiff Wayne Guerin, 54, an information technology specialist, was riding a motorcycle on State Route 65, in Placer County, during the evening rush. He was splitting the left two lanes and was going about 20 mph when he was struck by a Porsche Cayenne operated by Peter Hollingshead, who was trying to change lanes. Guerin claimed to his right foot and ankle. Guerin sued Hollingshead, alleging that Hollingshead was negligent in the operation of his vehicle. Specifically, Guerin claimed that Hollingshead struck him while changing lanes. Hollingshead denied fault to police and at his deposition. He claimed that the traffic ahead of him was at a complete stop and that he checked his mirrors and did not see the motorcycle. He alleged that as a result, he put on his turn signal and tried to move into the left lane, but that Guerin ran into him. Hollingshead claimed he never saw Guerin before the impact. However, Hollingshead ultimately conceded liability for the purposes of settlement discussions about a year into the lawsuit., Guerin sustained two fractures of the right foot: a distal intra-articular fracture of the first toe and an avulsion fracture of the medial cuneiform. He was subsequently taken by ambulance to an emergency room. Guerin underwent open reduction and internal fixation of the cuneiform fracture with screws that were removed in a subsequent surgery. He also underwent two rounds of physical therapy and a steroid injection in his ankle. In March 2017, he underwent arthroscopic surgery to remove small bone fragments from his ankle. All the procedures were outpatient. The plaintiff’s podiatrist suggested that a fusion of the foot may be necessary to treat Guerin’s continuing symptoms. Guerin missed some work to recover from surgery, but was able to do some work from home. He claimed that he was a gym-goer and an avid runner who ran three to four miles a day before the accident. However, he claimed that after recovering from his surgeries, he was able to resume running about a mile a day, but not the three or four miles used to be able to run. Thus, Guerin sought recovery of $21,222.20 in past medical costs and $21,589.98 in past loss of income. No assessment of future lost wages or future medical bills was performed. Defense counsel contended that a right foot injury from a prior motor vehicle accident contributed to Guerin’s alleged pain after the Hollingshead accident.
Superior Court of Placer County, Roseville, CA

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