Trial Magazine
Verdicts & Settlements: Motor Vehicle Liability
Negligent Left Turn at Intersection
August 2019Elijah Simone, 23, was riding a bicycle through an intersection when Bruce Jameson’s vehicle turned left in front of him and struck him. Simone suffered a neck fracture at C6-7, necessitating fusion surgery.
His medical expenses were more than $474,100. An assistant manager at a pharmacy, he incurred past lost wages of $15,000.
Simone sued Jameson, alleging he had made a negligent left turn.
The defense argued that Simone was responsible for his injuries in that he was not wearing a helmet and his bicycle lacked lights or reflectors, making him invisible in the intersection.
The jury awarded more than $14.58 million, apportioning liability at 25% to Simone.
Citation: Simone v. Jameson, No. 30-2016-00832256-CU-PA-CJC (Cal. Super. Ct. Orange Cnty. Aug. 3, 2018).
Plaintiff counsel: AAJ members Sevy W. Fisher and Thomas S. Feher, both of Hermosa Beach, Calif.
Plaintiff experts: Michael Gold, neurology, Santa Monica, Calif.; Sharon Kawai, life care planning, Fullerton, Calif.; Edward Garcia, economics, Pasadena, Calif.; Paul Kayfetz, visibility, Bolinas, Calif.; and Jon Landerville, accident reconstruction, Torrance, Calif.
Defense experts: Jan Roughan, life care planning, Pasadena; Edward Bennett, vocational rehabilitation, Santa Barbara, Calif.; David Krauss, ergonomics, Los Angeles; and Alvin Lowi III, accident reconstruction, El Segundo, Calif.