Case details

Motorcyclist: Unsafe turn caused near-amputation of foot

SUMMARY

$1250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, arterial, foot, foot amputation, heel, osteomyelitis foot, vascular
FACTS
On April 15, 2010, at approximately 5:45 p.m., plaintiff Majid Moradi, 32, a mechanic, was riding his Harley Davidson Fatboy motorcycle on eastbound Ventura Boulevard in Los Angeles when he was involved in a collision with a vehicle operated by Judy Bamberger, who was making a left turn from westbound Ventura Boulevard. The motorcycle then collided with a curb, causing Moradi’s body to be launched several feet in the air and collide with a parking meter. As a result, he claimed serious to his left leg. Moradi sued Bamberger and Bamberger’s employer, Marsh USA Inc., which was doing business as Marsh Risk & Insurance Services Inc. Moradi alleged that Bamberger was negligent in the operation of her vehicle and that Marsh USA was vicariously liable for Bamberger’s actions. Moradi claimed Bamberger made an unsafe left turn, causing the collision. He also claimed Bamberger was using her personal vehicle to solicit new business contacts outside of the office and, hence, was in the course and scope of her employment with Marsh USA at the time of the accident. Bamberger claimed that Moradi caused the accident, as he was riding his motorcycle at an excessive rate of speed and splitting lanes in moving traffic at the time of the accident. Marsh USA disputed any liability, arguing that Bamberger was on her way to yoga class at the time of the accident and had substantially deviated from her work duties. Thus, it claimed that Bamberger was not in the course and scope of her employment at the time of the accident. In December 2011, the court granted summary judgment in favor of Marsh USA. That judgment is currently on appeal., Moradi’s left foot was almost completely amputated in the accident, and he was subsequently transported by ambulance to an emergency room. During the next few months, he underwent numerous surgeries due to the partial severing of his left foot and ankle. His surgeries included a plastic microsurgery to restore vascular flow and create the regrowth of skin to close the wound. Moradi also suffered from severe osteomyelitis, and he claimed he was unable to begin physical therapy due to the nonunion of his foot and ankle. Moradi claimed his foot finally reattached and was beginning to heal, but that he still has nonunion for which he will require surgery. He claimed the procedure would take a blood supply and tissue from the right, lower extremity and transfer it to the injured lower, left extremity, before the bone could be operated on. Moradi also claimed he has not been able to return to work since the accident or perform any of his previous hobbies/activities. Thus, Moradi sought recovery of damages for his past and future medical costs, past and future lost earnings, and past and future pain and suffering. Bamberger did not dispute the severity of Moradi’s .
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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