Case details

Motorcyclist’s speed caused crash with turning truck: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, brachial plexus, brain, brain injury, concussion, eyes, face, fracture, head, impairment, left elbow, left leg, neck, neurological, occiput, sensory, speech, vision
FACTS
On March 11, 2011, plaintiff Chad Ellis, 42, a Sonora police officer, was riding his motorcycle (while off duty) on Mono Lane in an unincorporated part of Tuolumne County. At approximately 11:40 a.m., Ellis was involved in a collision with a pickup truck operated by Dr. Jeffrey Berger, a local dentist, who was making a left turn onto Mono Lane from the Theatre Plaza parking lot. Ellis injured his head, face, neck, left elbow, left leg, and eyes, and he was rendered unconscious from the impact. Ellis sued Berger, alleging the defendant was negligent in the operation of his vehicle. Plaintiff’s counsel contended that Berger needed five seconds to make a left turn onto Mono Lane and that it was undisputed that two vehicles ahead of Ellis, which were approaching Berger on Mono Lane, were five to six seconds away, traveling at an estimated speed of 30 to 35 mph, when Berger began his turn. The plaintiff’s accident reconstruction expert opined that Ellis was going no faster than 35 mph and that Ellis, therefore, had the right of way, which meant Berger caused the accident. Defense counsel noted that the two lead vehicle drivers claimed that they did not believe Berger posed an immediate threat, or any threat, to their safety when he pulled out to make his turn. Thus, defense counsel argued that Berger was not negligent. Moreover, the defense’s accident reconstruction expert established that in the last two seconds before impact, Ellis’ motorcycle passed, and moved ahead of, the two lead vehicles by 80 feet and that this could only happen if Ellis had accelerated to 50 or 60 mph in the 40-mph zone., Ellis sustained a concussion that left him unconscious for approximately three minutes at the scene of the accident. He also sustained bodily that consisted of a right occiput contusion; a fracture of the left ulna; brachial plexus palsy to the left shoulder; supraspinatus tendinosis with partial tears of the distal, mid to anterior aspect; and a laceration to the left leg; He also suffered blurred vision, a neck strain, and multiple abrasions. Ellis was subsequently taken by ambulance to an emergency room, where he remained for 12 hours while he underwent testing. He ultimately underwent a brachial plexus release surgery approximately six months after the accident due to his deteriorating condition. He then followed up with four months of physical therapy. Ellis missed approximately nine months of work due to his , but he was ultimately determined to be fit for active police duty upon completion of his rehabilitation. He claimed that despite returning to work as a police officer, the have devastated him, leaving him with constant pain and residual weakness. Ellis and his wife, Heidi Ellis, testified that the and pain medications have reduced their relationship dramatically and affected Mr. Ellis’ ability to play with their children. Mrs. Ellis sought recovery of damages for the loss of her husband’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, and services. She testified that the accident changed their lives in a number of significant ways. In total, Mr. and Mrs. Ellis sought recovery of $2.1 million at trial. Defense counsel admitted to Mr. Ellis’ medical specials and wage loss. However, counsel argued that while Mr. Ellis did suffer a serious brachial plexus injury, he had made a very good recovery. Defense counsel also argued that while Mr. Ellis’ pain symptoms were real for the first year following the accident, they were not objectified by the testimony of the physical therapist, the testing done at the hospital, or by Mr. Ellis’ treating doctor.
COURT
Superior Court of Tuolumne County, Sonora, CA

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