Case details

Sideswipe accident caused knee injury, motorcyclist alleged





Result type

Not present

knee, left knee, meniscus, tear
On Feb. 5, 2012, at approximately 6 p.m., plaintiff Aaron Walton, 28, a bank manager, was riding his motorcycle on Pico Boulevard in Los Angeles when he was sideswiped by a vehicle operated by Ilan Cohen. Walton was subsequently ejected from his motorcycle, allegedly causing an injury to his left knee. Walton sued Cohen and the owner of the vehicle, Hannah Tobin. Walton alleged that Cohen was negligent in the operation of his vehicle and that Tobin was vicariously liable for Cohen’s actions. Specifically, Walton claimed Cohen caused the collision by changing lanes without a turn signal and without looking. Cohen claimed Walton was completely at fault for the accident. The defense’s accident reconstruction expert opined that, at the time of the accident, Walton was traveling in a “parking only” lane and was lane sharing at a speed in excess of the recommended speed limit., Two weeks after the accident, Walton went to a doctor with complaints of continuing pain to his left knee. He was ultimately diagnosed with a torn left meniscus, for which he underwent arthroscopic surgery. Walton claimed he made a good recovery from his injury, with no residual complaints. Thus, he sought recovery of $41,000 in past medical costs and recovery of damages for his past pain and suffering. Defense counsel argued that Walton’s injury was not caused by the subject accident, but was rather the result of his Mixed Martial Arts (MMA) training.
Superior Court of Los Angeles County, Los Angeles, CA

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