Case details

Unsafe opening of parked vehicle’s door caused crash: bicyclist

SUMMARY

$195000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
abrasions hand, finger, hand
FACTS
On Dec. 4, 2015, plaintiff Carlos Zapata was bicycling on Vermont Avenue, in Los Angeles, when he collided with the interior of an open door of a vehicle operated by Magdy Wahba, an employee of the Los Angeles County Department of Public Health. Prior to the accident, Wahba parked his vehicle in a designated parking space on Vermont Avenue, facing south on the roadway. As he opened his door to exit the vehicle, Zapata, who was riding alongside the vehicle, struck the open door and fell to the ground, his right hand. Zapata sued Wahba and Wahba’s employer, the county of Los Angeles. Zapata alleged that Wahba was negligent in the operation of his vehicle and that the county was vicariously liable for Wahba’s actions. Zapata’s counsel noted that the Los Angeles Police Department determined that Wahba was the primary cause of the collision due to opening the door of his vehicle on the side available to moving traffic when it was unsafe to do so in violation of California Vehicle Code § 22517., Zapata sustained an abrasion to his right hand. He complained of pain to his right hand after the accident, and he was treated at the scene by Los Angeles County paramedics. However, he did not need to be taken to a hospital. Zapata sought recovery of damages for his pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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