Case details
Motorcyclist: Officer ran red light without stopping, causing crash
SUMMARY
$12000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, back, fracture, hip, humerus
FACTS
On March 25, 2017, plaintiff Elliott Van Fleet, 33, a senior sales manager for a prosthetic company, was motorcycling through a green light at the intersection of 19th Street and Broadway, in Oakland, when he was broadsided by a police sport utility vehicle. The Oakland police officer, who was responding to a call, entered the intersection against a red light and struck Van Fleet, causing him to be thrown from his motorcycle. Van Fleet sustained to his left shoulder, back, pelvis and left leg. Van Fleet sued the officer’s employer, the city of Oakland. Van Fleet alleged that the officer was negligent in the operation of the SUV and that the city was liable for the officer’s actions. Van Fleet claimed that the officer ran the red light without stopping, in violation of the Oakland Police Department’s vehicle pursuit policy. Defense counsel contended that Van Fleet was negligent for failing to yield to the police vehicle’s lights and sirens. Specifically, counsel asserted that Van Fleet, in violation of California Vehicle Code § 21806, failed to pull over to the side of the road and yield to an authorized emergency vehicle that had its lights and sirens activated., Van Fleet sustained a four-part proximal humerus fracture to the left shoulder; a sacral U-type fracture; bilateral acetabular fractures; a Hawkins IV fracture dislocation of the lower, left leg; and lumbar fractures at L4 and L5. He was immediately taken to a hospital, where his lower, left leg was amputated below the knee. He also underwent surgery on his left shoulder, lumbar spine and pelvis. Van Fleet now wears a prosthetic. He is able to work, but he claimed he lives a more sedentary lifestyle, as he can no longer run, engage in vigorous activities, ride bikes, surf, climb, hike or walk on uneven surfaces. He also claimed he suffers from daily pain. Van Fleet sought recovery of just under $500,000 in past medical costs, an unspecified amount in future medical costs and an unspecified amount in lost wages. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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