Case details

Motorist claimed bicyclist’s unsafe actions caused crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
fracture, leg, right leg
FACTS
On April 15, 2011, plaintiff Frank Burciaga, 20, a valet, was riding his bicycle from one parking lot to another to park some cars in Burbank. At approximately 6:22 p.m., while making a left turn from eastbound Hood Avenue onto West Olive Avenue, Burciaga was struck by a vehicle operated by Shelby McDown Wagner, who was traveling on southbound West Olive Avenue. Burciaga sustained to his right leg. Burciaga sued Wagner, alleging the defendant was negligent in the operation of her vehicle. Burciaga claimed that he was riding his bike in an unmarked crosswalk at the time of the accident. He alleged that Wagner was driving inattentively, failed to yield to pedestrian traffic, and was lane creeping. He alleged that Wagner was traveling at an unsafe speed in gridlock traffic conditions. Wagner disputed liability, arguing that her right of way was established as she entered the intersection. She claimed that Burciaga was negligent in causing the accident for crossing five lanes of traffic on West Olive Avenue, darting between vehicles, and then attempting a left turn on a “no left turn” sign., Burciaga was taken by ambulance to an emergency room, where he was diagnosed with a comminuted fracture of his right tibia and fibula. The following day, he underwent open reduction and internal fixation surgery. He then followed up with minimal physical therapy and treated further with an orthopedist. Burciaga was off work for two years following the accident, receiving worker’s compensation. He claimed he still experiences pain, discomfort, reduced mobility, and decreased range of motion in his right leg, prohibiting his ability to play soccer. Burciaga alleged that as a result, he will require additional surgery to remove the hardware. Thus, Burciaga sought recovery of $44,569 in past medical costs, $15,000 in future medical costs, $43,200 in past lost earnings and $10,800 in future lost earnings. He also sought recovery of $100,000 in damages for his past pain and suffering, and $350,000 in damages for future pain and suffering. Defense counsel did not dispute the severity of Burciaga’s .
COURT
Superior Court of Los Angeles County, Torrance, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case