Case details

Motorcyclist: Truck driver ran stop sign, causing crash

SUMMARY

$41000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, neck, soft tissue
FACTS
On March 6, 2018, plaintiff Luis Garcia Valencia, 28, a college student and delivery driver, was motorcycling on southwestern Kezar Drive, in San Francisco, when he was struck by the driver’s side door of a pickup truck that was operated by Michael Callahan, who entered the roadway from eastbound John F. Kennedy Drive. The intersection of Kezar Drive and John F. Kennedy Drive is basically a Y-intersection, where Kezar Drive is the main road through the intersection and John F. Kennedy Drive is one of the branches. John F. Kennedy Drive is governed by stop signs at the intersection and branches off so that motorists can either turn right onto southbound Kezar Drive or make a slight left onto northeastern Kezar Drive. Those traveling north on Kezar Drive have a traffic light a few feet before the intersection. However, those traveling on southwestern Kezar Drive have the right of way, and can either take a slight right onto westbound John F. Kennedy Drive or continue around a slight right curve onto southbound Kezar Drive. As Callahan entered the intersection, making a slight left onto northeastern Kezar Drive, the collision occurred with Garcia Valencia’s southbound motorcycle. Garcia Valencia’s body slightly rose from the motorcycle and struck Callahan’s vehicle. Garcia Valencia claimed to his neck and back. Garcia Valencia sued Callahan and Callahan’s employer, the City and County of San Francisco (which was initially erroneously named as the city of San Francisco and the county of San Francisco). Garcia Valencia alleged that Callahan was negligent in the operation of his vehicle and the City and County of San Francisco was liable for Callahan’s actions while in the course and scope of his employment. Plaintiff’s counsel contended that Callahan ran the stop sign on John F. Kennedy Drive and negligently entered the section of the intersection where the main road (Kezar Drive) was marked "Keep Clear," causing the collision. Counsel also noted that the police cited Callahan for running the stop sign and hovering in the "Keep Clear" zone. The City and County of San Francisco did not acknowledge liability until the matter was brought to mediation., Garcia Valencia was taken to the emergency room at Zuckerberg San Francisco General Hospital and Trauma Center, in San Francisco, where he was treated and released later that night. He claimed he sustained soft tissue to his neck and back. Garcia Valencia underwent MRIs and one month of chiropractic care in San Francisco. He also had one session of pain management before he moved to Texas, where he saw an orthopedist. Garcia Valencia then underwent a few months of physical therapy in Texas. At the time of the accident, Garcia Valencia was a college student who worked for a food delivery company. He was able to finish the semester in California before moving to Texas. However, he claimed he will require future physical therapy for his neck and back. Garcia Valencia sought recovery of past medical costs and some future medical costs. He also sought recovery of general damages for his past and future pain and suffering. Defense counsel contended that the hospital that treated Garcia Valencia did not declare him severely injured. Counsel also disputed the majority of Garcia Valencia’s medical bills.
COURT
Superior Court of San Francisco County, San Francisco, CA

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