Case details
Motorcyclist struck head-on claimed multiple fractures
SUMMARY
$80000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chest, comminuted fracture, fracture, knees, lung hematoma, proximal clavicle, right, right collarbone, right scapula
FACTS
At approximately 3 a.m. on Feb. 18, 2015, plaintiff Craig Bennett, 59, a security officer, was riding his 2012 Honda Gold Wing motorcycle on southbound Hamner Avenue, in Eastvale, when he was struck head-on by a 2015 BMV 4281 operated by Yidan Qin, who was traveling north on Hamner Avenue, but veered to the left, directly into Bennett’s lane of travel. Bennett was subsequently thrown from his motorcycle and sustained to his chest, right collarbone, and both knees. Bennett sued Qin and Qin’s employers, Sentry Tire USA Inc. and LQJ Global Tire Inc. Bennett alleged that Qin was negligent in the operation of her motor vehicle and that Sentry Tire USA and LQJ Global Tire were liable for Qin’s actions while in the course and scope of her employment. Sentry Tire USA and LQJ Global Tire were ultimately dismissed from the case. Thus, the matter continued against Qin only. Qin claimed she activated her windshield wipers prior to the accident in order to clear the windshield of condensation, but as she did so, she entered the opposite lane of travel. Thus, Qin conceded liability., Bennett sustained a comminuted fracture of the right, proximal clavicle; a comminuted fracture of the right scapula involving the glenoid process and scapular spine; and a fracture through the left aspect of the T9-10 anterior thoracic vertebrae extending into the inferior aspect of the T9 vertebra. He also sustained fractures of the left, anterolateral ribs three through eight, and a lung hematoma of the right, upper lobe with overlying fractures of the right, posterior third and fourth ribs. He also sustained tibial plateau fractures to both knees. Bennett was subsequently taken to a hospital immediately after the accident and had an external fixator placed on his right knee. He then underwent almost two months of rehabilitation at The Grove Care and Wellness, in Riverside, followed by approximately six months of intensive physical therapy. Bennett claimed that he suffers from no residual and that he has been able to return to work. He also claimed that no future treatment is planned.
COURT
Superior Court of Riverside County, Riverside, 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
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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