Case details

Motorcyclist claimed teenager ran red light and caused crash

SUMMARY

$1715844.79

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, avulsion of the heel, brain, brain injury, closed head, coma, fracture, head, hip, hip head, knee trauma, wrist
FACTS
At around 8:30 p.m. on Jan. 11, 2011, plaintiff James Renshaw, 49, a retired Ventura County firefighter, was operating his Harley-Davidson motorcycle on southbound Highway 33, near Baldwin Road in Mira Monte, when he collided with a Subaru operated by Whitney Cooke, 17, who was making a left turn from northbound Highway 33 onto Baldwin Road in an attempt to turn west. The motorcycle struck Cooke’s vehicle at near a 180-degree angle, virtually head on, causing Renshaw to hit Whitney’s windshield and then strike the ground approximately 40 to 50 feet away. Renshaw was totally unresponsive at the scene and subsequently had no memory of the accident. Renshaw sued Whitney; the owner of his vehicle, Pamela Cooke; and The Cooke Family Trust. He alleged that Whitney was negligent in the operation of his vehicle and that Pamela Cooke was vicariously liable for Whitney’s actions. Renshaw claimed that he was traveling legally through the intersection within the speed limit of 45 mph when Whitney made a left turn against a red arrow. It was undisputed that Whitney did not stop at the limit line, and there was no evidence that either vehicle had time to take evasive action. Renshaw also claimed that Whitney was driving on a provisional license, and told the California Highway Patrol that he wasn’t paying full attention and didn’t realize the arrow was red until after he entered the intersection. The plaintiff’s biomechanics expert testified that Renshaw was not speeding and had a green light at the time of the crash. The plaintiff’s neurology expert opined that based upon the head and the absence of indicative skull , Renshaw was wearing a helmet for each impact and that if he had not been wearing his helmet, the accident would have been fatal. Whitney claimed that he had a green light, and not a red arrow, and denied telling the police at the scene that he had a red arrow. He also claimed that Renshaw was primarily comparatively negligent. The defense’s biomechanics expert testified that Renshaw ran a red light and was speeding. The expert also opined that Renshaw was either not wearing his helmet or wore it improperly so that it flew off at the initial impact, before he hit Whitney’s windshield. In addition, the biomechanics expert testified that Renshaw was wearing flip flops, rather than proper foot wear, and opined that it was not Renshaw’s unprotected head that hit the windshield, but some part of the body., Renshaw was unconscious and unresponsive at the scene, with a Glasgow Scale of 3. He suffered a closed head frontal lobe brain injury, including a midline shift. He also suffered multiple orbital , severe fractures of the right zygoma, a fractured of the right ankle with an avulsion of the heel, left knee trauma, and fractures of the left wrist and hip. Renshaw underwent surgeries to treat his zygoma fractures, ankle and heel and fractured wrist. He also underwent surgical replacement of the left hip. Renshaw remained in a coma for three weeks and then underwent three weeks of hospitalized rehabilitation, during which time he had to relearn to walk. He also has no memory of the accident. Renshaw developed an ectopic bone growth in the left hip. He alleged that he would need three future surgeries, including radiotherapy and removal of ectopic bone growth in the hip, left wrist surgery to remove hardware and deal with arthritis, and knee surgery. Just before the subject accident Renshaw was offered a position as a Fire Inspector for Raytheon. However, after the crash, Renshaw claimed that he has no recollection of receiving the job offer, but confirmed that the offer had been made and that texts supported his intent to accept. Plaintiff’s counsel contended that Renshaw’s reasonable and necessary past medical expenses were $546,844.79, and that his reasonable future medical expenses were $105,000. Counsel also contended that Renshaw suffered a past loss of earnings in the amount of $64,000. However, Renshaw waived any future loss of earnings and earning capacity claims, alleging that he was motivated and desirous of employment in spite of his limitations. Defense counsel contested the nature and extent of Renshaw’s damages. The defense’s orthopedic expert testified that Renshaw was previously permanently disabled due to a prior arthroscopic knee surgery for a torn meniscus, with a 3 percent whole body restriction. Thus, the expert opined that the plaintiff would not have been able to perform his anticipated employment with Raytheon regardless of the accident. He also testified that Renshaw’s were due in large part to his failure to wear his helmet properly, and opined that Renshaw would not have required the Intensive Care Unit or been in a coma absent his head . The orthopedist further opined that Renshaw’s ectopic bone growth in his hip was a hormonal complication of his head injury, do to improper helmet use, and that Renshaw’s foot avulsion was the result of not wearing the proper foot wear. In addition, the expert opined that Renshaw’s arthritis in the right wrist did not exist, or was minor and might exist for other reasons, and that the plaintiff would not require any future medical treatment. The defense’s neuropsychology expert testified that based on neuropsychological standardized testing, Renshaw had minimal or no cognitive deficits. Additionally, the defense’s nursing expert testified that the plaintiff’s total reasonable medical bills were $185,999.52, but that no medical provider was legally bound to accept her opinion.
COURT
Superior Court of Ventura County, Ventura, CA

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