Case details

Turning driver’s failure to yield caused crash: bicyclist

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, chest, fracture, knee, leg, neck, rib
FACTS
On July 10, 2019, claimant Patrick Canning, 59, a caretaker for his brother, was riding his bicycle Road along the north curb line of westbound Hidden Hills Road, in Yorba Linda. As he entered the intersection with Stonewood Drive, he was struck by a mid-size vehicle operated by Taylor Heimerl, who was attempting to turn onto northbound Stonewood Drive from eastbound Hidden Hills Road. Canning sustained to his neck, back, chest, left ankle, left foot and left knee. In lieu of filing a lawsuit, Canning sought direct recovery from the Heimerl’s insurance provider, Allstate Northbrook Indemnity Co., a subsidiary of Allstate Insurance Co. Canning alleged that Heimerl was negligent in the operation of her vehicle. Canning’s counsel noted that a police officer from the Orange County Sheriff’s Department obtained a statement from Heimerl, who admitted that she did not see Canning while she was making a left turn onto Stonewood Drive from Hidden Hills Road. Counsel also noted that the officer determined that Heimerl was the cause of the accident, in that Heimerl entered an intersection in an attempt to make an unsafe left turn in violation of California Vehicle Code § 21801(a), for failing to yield. Heimerl’s claims adjuster did not assert any liability contentions., Canning was taken to Orange County Global Medical Center, in Santa Ana. He sustained a dislocation of a toe on his left foot; a metatarsal fracture on his left foot; a medial malleolus fracture of his left ankle; a left tibial plateau fracture; five fractured ribs; and fractures at C7 of the cervical spine and T3 of the thoracic spine. Canning underwent external fixation of his tibial plateau fracture. He was then transferred to a Kaiser facility, where he underwent open reduction and internal fixation for the tibial plateau fracture and his medial malleolus fracture. He also underwent extensive occupational and physical therapy. Canning made a remarkable recovery, but he claimed he continues to have ongoing pain. He alleged that as a result, he cannot exercise as strenuously as he could prior to the incident. However, he claimed he suffered no loss of earnings as an in-home supportive services caretaker for his brother. Canning sought recovery of approximately $41,997.46 in past, paid medical costs. He also sought recovery of damages for his past and future pain and suffering. The officer who responded to the scene of the accident noted that there was minor property damage to Heimerl’s vehicle, while Canning’s bicycle suffered major damage.
COURT
Matter not filed, CA

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