Case details
Truck driver claimed cyclist ran red light and struck truck
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
fracture, leg, tibipelvis
FACTS
On Nov. 7, 2008, plaintiff Mohamed Zeiad was on his bicycle when he was struck by a Rent-a-Center truck operated by Gerald Rice at the intersection of International Boulevard and 66th Avenue in Oakland. Zeiad sustained fractures to his legs, pelvis and spine. Zeiad sued Rice and the owner of the vehicle, Rent-a-Center West Inc. He alleged that Rice was negligent in the operation of the truck and that Rent-a-Center was vicariously liable for his actions. Zeiad contended that Rice attempted a left turn from westbound International Boulevard onto southbound 66th Avenue when it was unsafe to do so and failed to yield the right of way. Rice claimed that Zeiad caused the crash by riding his bicycle westbound on the sidewalk next to International Boulevard and then proceeding through a red light as he attempted to cross over 66th Avenue. Thus, defense counsel contended that Zeiad failed to obey the rules of the road. In addition, Rice denied hitting Zeiad, but, instead, claimed that the plaintiff ran into the side of the truck., Zeiad sustained fractures of the left tibia, right femur, and middle and lower levels of the lumbar and cervical spine. He also shattered his pelvis. Zeiad was transported to an emergency room, where he was hospitalized for a few days while he underwent subsequent surgeries. For repair he underwent open reduction of the left leg and reconstruction for the right leg. As a result of the pelvic fractures, Zeiad claimed that he suffers a permanent foot drop, causing a limp and affecting his ability to walk. Thus, he claimed he could no longer be employed as a physiotherapist. At trial, Zeiad continued to allege severe symptoms and ongoing problems with walking and maneuvering around. He also claimed that his caused an entire disruption of his life. Zeiad incurred over $900,000 in medical bills. He claimed that it was estimated that his future medical expenses would amount to $500,000. He also claimed past lost earnings in the amount of $80,000 and future loss of earnings of $1.6 million. Defense counsel noted that Zeiad walked with a severe limp throughout the whole trial. However, counsel argued that Zeiad’s alleged continuing problems were not legitimate.
COURT
Superior Court of Alameda County, Oakland, CA
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