Case details

Motorcyclist injured in collision with postal truck




Mediated Settlement

Result type

Not present

chest, fracture, knee, rib, tibial plateau
On Feb. 18, 2019, plaintiff Charles Shirley, 76, a retiree, was motorcycling westbound on Florence Avenue, in Downey. Upon entering the intersection with Arrington Avenue, his motorcycle was broadsided by a United States postal truck driven by Noah Garibay, who entered the intersection from southbound Arrington Avenue. While traffic headed west on Florence Avenue had no traffic control devices, Garibay was subject to a stop sign on Arrington Avenue. The impact caused Shirley’s motorcycle to fall with him on it, and he landed on the pavement on his left side. Shirley claimed rib and knee fractures. Shirley sued Garibay and Garibay’s employer, the United States of America. Shirley alleged that Garibay was negligent in the operation of his vehicle and that the United States was vicariously liable for Garibay’s actions while in the course and scope of his employment with the United States Postal Service. Garibay was dismissed from the case, and the matter proceeded against the United States only. Shirley alleged that Garibay violated his right of way and caused the collision., Shirley was taken to St. Francis Medical Center, in Lynwood, where he was admitted and spent the next week. He was diagnosed with four fractured ribs and a fractured left tibial plateau. Shirley underwent open reduction with internal fixation to repair the knee fracture. Within one year, he required, and received, a total left knee replacement. No further medical treatment was anticipated. Shirley’s expert orthopedic surgeon opined that Shirley made a good recovery from the knee replacement. Although he made a good recovery, Shirley claimed he is left with a reduced range of motion in his knee. Shirley sought recovery of past medical costs, and damages for his past and future pain and suffering.
United States District Court, Central District, Los Angeles, CA

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