Case details

Motorcyclist claimed van driver failed to yield the right of way





Result type

Not present

fracture, leg
On Oct. 25, 2011, at approximately 8:55 p.m., plaintiff Demetrius Caldwell, 26, a dishwasher and food server at an elderly-care facility, was operating his motorcycle on southbound Lincoln Avenue in Pasadena when Sanford Grant, an Access Services van operator acting in the scope of his employment with San Gabriel Transit, entered an intersection from eastbound Toolan Place in an attempt to turn left onto northbound Lincoln Avenue. As a result, Caldwell’s motorcycle struck the left, front corner of the Access Services van, causing Caldwell , which left a 6-inch segment of his tibia and associated soft tissues lying on the pavement. Caldwell sued Grant, Access Services, and San Gabriel Transit Inc. Caldwell alleged that Grant was negligent in the operation of his vehicle and that Access Services and San Gabriel Transit were vicariously liable for Grant’s actions. Specifically, he contended that he had the right of way, as Grant had a stop sign at the intersection. Thus, he contended that Grant was negligent for failing to yield to the right of way and attempting a turn when it was unsafe to do so. Defense counsel contended that Grant was already in the intersection and had begun his turn by the time Caldwell reached the intersection. Thus, counsel argued that Grant had control of the intersection and that Caldwell should have stopped prior to striking the van., Caldwell sustained a fracture of his right tibia and fibula, and a laceration to the posterior tibial artery. He was subsequently taken to Huntington Memorial Hospital in Pasadena, and underwent a debridement, involving the removal of the contamination to the surviving tissue, and internal fixation. However, the laceration resulted in the loss of one of the principal arteries of his leg. Caldwell then received antibiotics for the impregnated cement and beads, and wound therapy. He then underwent subsequent reconstructive surgeries, including core reaming of the thigh bone and femur, and screw removal surgery and irrigation, as well as a debridement for onsets of infection. Caldwell claimed he continues to suffer from lower extremity swelling, intermittent episodes of pain, and a noticeable limp. Thus, he sought recovery of medical costs, lost earnings and damages for his pain and suffering.
Superior Court of Los Angeles County, Los Angeles, CA

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