Case details
Motorist claimed scooter rider fabricated collision
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, cervical, lumbar, neck, strain
FACTS
On June 23, 2018, plaintiff Abbyram Roberge, 27, a stand-up comedian, was riding an electric scooter. He was traveling west, on a sidewalk that abutted the eastbound side of Santa Monica Boulevard, near its intersection at Fairfax Avenue, in West Hollywood. When he reached the intersection, he entered a crosswalk and began to cross Fairfax Avenue. He claimed that he was struck by a vehicle that was being driven by Emily Metzger, who was executing a right turn onto the eastbound side of Santa Monica Boulevard, from the left northbound lane of Fairfax Avenue. Roberge claimed that he suffered of his back and neck. Roberge sued Metzger. The lawsuit alleged that Metzger was negligent in the operation of her vehicle. Roberge claimed that dust imprints on the hood of Metzger’s vehicle showed where his elbow and hands contacted the vehicle. Metzger claimed that her vehicle did not strike Roberge. She claimed that, while she was waiting for traffic to clear, she looked to her right and observed pedestrians and Roberge on the southeast corner of the intersection. She claimed that, when she looked to the left, she observed that there were no vehicles approaching on the eastbound side of Santa Monica Boulevard. She claimed that she took her foot off of the brake pedal but did not depress the accelerator pedal. She claimed that she reapplied the brake because her passenger said to stop, and that Roberge hopped off of his scooter, causing the scooter to move beneath her vehicle. A photograph depicted Roberge’s scooter beneath the vehicle., Roberge returned to his home but subsequently visited Cedars-Sinai Medical Center, in Los Angeles. He underwent minor treatment. Roberge ultimately claimed that he suffered sprains of his cervical and lumbar regions. He underwent 32 sessions of physical therapy. Roberge claimed that his neck remains painful. He sought recovery of past medical expenses, damages for past pain and suffering, and damages for future pain and suffering. Defense counsel contended that Roberge was not injured. Defense counsel claimed that post-accident X-rays and MRI scans did not depict evidence of an injury, and defense counsel further claimed that pictures and video, gleaned from social-media accounts, depicted Roberge performing physical activities soon after the accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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