Case details

Riders ejected after motorcycle struck by car





Result type

Not present

back, right knee injuries, soft tissue
At around 6:46 p.m. on March 14, 2014, plaintiff Frank Huereque, 51, a machine operator, was operating a Harley Davidson motorcycle with his wife, plaintiff Maria Huereque, 49, a janitorial services worker, as a passenger. While the Huereques were traveling on northbound U.S. Route 395, from Victorville to Ridgecrest, a Toyota Prius, which was operated by Linda Wire and had two children as passengers, ran over a tractor-trailer’s mud flap that had been left in the middle of the road. As a result, both the front and rear passenger-side tires of the Prius exploded. When Wire attempted to steer over to the right in an attempt to get off the road, her vehicle clipped the motorcycle, causing both Mr. and Ms. Huereque to be ejected. Mr. Huereque sustained to his back, shoulder and knee. Ms. Huereque sustained to her back. The Huereques sued Wire, alleging that Wire was negligent in the operation of her vehicle. Defense counsel disputed liability, asserting that Mr. Huereque failed to use due care and avoid the car., Mr. and Ms. Huereque sustained road rash and complained of back pain. They also claimed that both lost consciousness at scene. They were subsequently taken by ambulance to Antelope Valley Hospital, in Lancaster, and released later that morning. Mr. Huereque sustained soft tissue to his back, as well as a sprain of his left knee and left shoulder. He eventually underwent surgery to have the meniscus repaired in the knee and arthroscopic surgery on the shoulder a year after the crash. He then treated sporadically with a physical therapist and chiropractor. Mr. Huereque claimed that he still suffers pain to his back and right knee. He alleged that as a result, he has not yet returned to work. Thus, Mr. Huereque sought recovery of approximately $60,000 in post-Howell medical costs, as well as recovery of lost wages and damages for his pain and suffering. Ms. Huereque sustained soft tissue to her back, and subsequently treated with a physical therapist and chiropractor for approximately six months. Ms. Huereque missed approximately 3.5 months of work. Thus, she sought recovery of medical costs and lost wages, as well as recovery of damages for her pain and suffering. Defense counsel asserted that neither plaintiff lost consciousness at the scene.
Superior Court of San Bernardino County, San Bernardino, CA

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