Case details
No evidence bicycle accident occurred, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fracture, knee, leg, right femur
FACTS
After 6 or 7 p.m. on Dec. 12, 2012, plaintiff David Garner, an unemployed 45 year old, was riding his bicycle near Monterey Street and Bellevue Avenue, in San Jose. Garner claimed that as he attempted to ride into the driveway of Advance Auto Tech’s auto parts business, he struck a chain that was strung across it, causing his bicycle to become twisted up in the chain. He claimed that at some point, the rear end of his bicycle ended straight up, causing his right leg to become twisted in the chain, as well, resulting in . Garner sued Advance Auto Tech and its owners, Hanson Le and Leanne Lam. Garner alleged that the chain constituted a dangerous condition and that the defendants failed to properly warn of the condition. Hanson Le (who was initially erroneously sued as Hanson “Lee”) and Leanne Lam were ultimately dismissed from the case. Thus, the matter continued against Advance Auto Tech only. Garner claimed that the chain that was strung across the driveway was not painted yellow enough and that the parking lot was kept too dark. He alleged that as a result, he did not see the chain until he struck it. Defense counsel noted that the plaintiff’s own safety and accident reconstruction experts both testified that there was nothing illegal or improper about putting a chain across a driveway. The plaintiff’s experts also confirmed that there was no requirement to have a certain amount of lighting in a private parking lot. In addition, neither expert found any kind of statutory or Building Code violation relating to the chain or the parking lot. The defense’s human factors expert opined that the chain would have been visible from 20 feet away. Defense counsel contended that since the store opened in 2000, there had been no similar incidents involving the chain nor had there been any prior complaints about the chain. In addition, defense counsel noted that Garner claimed that he had left his bicycle on the property, but that the following day, no bicycle or signs of an accident were present on the premises. Thus, counsel argued that there was no evidence of Garner’s alleged accident. In response, Garner claimed that the store was located in a bad neighborhood, so his bicycle must have been stolen., Garner sustained a fracture of his right femur. He was subsequently taken by paramedics to a hospital. He ultimately underwent surgery, during which a rod was placed in his leg. However, Garner developed complications, including cellulitis, and had to stay in a nursing home for four or five months while he underwent physical therapy. Garner claimed that he cannot walk or stand. He alleged that as a result, he will need to undergo surgery to remove the rod and need to eventually undergo a knee replacement. Defense counsel acknowledged that Garner had a broken leg, but argued that Garner ultimately recovered from his injury. Defense counsel contended that Garner did not follow his doctors’ advice, which led to other complications and unrelated issues. Counsel also contended that Garner had underlying medical problems, such as high blood pressure and being morbidly obese, which could have caused or led to his residual . In addition, defense counsel noted that Garner had some pre-existing issues on the same knee several years before the accident.
COURT
Superior Court of Santa Clara County, Santa Clara, CA
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