Case details

Scooter rider claimed hip injury from intersection crash





Result type

Not present

femoral, fracture, hip, neck
At approximately 7 p.m. on Nov. 2, 2010, plaintiff David Ceniceroz, 43, a graphic designer, was riding his motor scooter on eastbound Moorpark Street in Glendale when he entered an uncontrolled intersection with Shadyglade Avenue and collided with a vehicle operated by Edward Freudenburg, who was attempting a left turn from westbound Moorpark Street onto southbound Shadyglade Avenue. Ceniceroz claimed he injured his right hip in the accident. Ceniceroz sued Freudenburg. He alleged the defendant was negligent in the operation of his vehicle. Specifically, Ceniceroz contended that Freudenburg failed to yield to oncoming traffic before attempting to make a left turn. He claimed that he was traveling straight through then intersection when the accident occurred, knocking him off his motor scooter. Freudenburg contended that Ceniceroz was the sole proximate cause of the accident, claiming that the scooter did not have its lights on and that the plaintiff was wearing all dark clothes with a dark helmet in a darkened area of the roadway. Thus, Freudenburg’s counsel asked for a total defense verdict on liability., Ceniceroz sustained a fracture to the femoral neck of his right hip. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. The next day, Ceniceroz underwent open reduction and internal fixation surgery on his hip with the insertion of three pins. He was ultimately hospitalized for five days and followed up with six weeks of physical therapy. Ceniceroz missed five weeks of work following the accident and he claimed he no longer rides his motor scooter. He alleged he experiences continuing pain and discomfort in his right hip. He claimed that as a result, he will require a total right hip replacement within five to seven years, and a second replacement surgery sometime after that. The parties stipulated to past medical costs of $31,329.58. Ceniceroz further asked the jury for $11,232 in damages for his past lost earnings and $645,000 in damages for his past and future pain and suffering. Defense counsel contended that six months post-accident, Ceniceroz told his doctor that he had no complaints of pain. Counsel also contended that the doctor found that Ceniceroz had full range of motion in his right hip and was fully healed, with no need for future treatment. Defense counsel further contended that the plaintiff had returned to riding his bicycle to work (over 20 miles) and continued to ride his motor scooter. Defense counsel contended that 10 days before the subject accident, Ceniceroz went to an orthopedist with complaints of right hip pain and received pain injections. Thus, counsel argued that Ceniceroz’s residual complaints were due to a congenital hip contracture or femoral acetabular syndrome.
Superior Court of Los Angeles County, Glendale, CA

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