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ARTICLE ID 10851
Motor Vehicle Negligence - Auto/motorcycle accident - plaintiffs motorcycle operator and passenger claim accident caused by negligence of defendant automobile operator - bifurcated action - trial on liability only.
LOS ANGELES County, CALIFORNIA
This motor vehicle negligence action was brought by the male
plaintiffs, age 15 at the time of the subject accident, against
the defendant automobile operator. The case was bifurcated on the
issues of liability and damages.
The subject accident occurred on November 6, ________, as the two
male plaintiffs were riding the motorcycle at
night. The evidence indicated that the plaintiffs were traveling
in a 35 mph speed zone. The evidence revealed that the
defendants automobile pulled onto the roadway ahead of the
plaintiffs at an approximate speed of 10 miles per hour. The
plaintiffs started to pass the defendant on the left at an
intersection where the defendant attempted a left turn, resulting p 7 3
in the plaintiffs motorcycle striking the defendants automobile
broadside. The plaintiffs contended that they were traveling at
the speed limit of 35 miles per hour when the defendant pulled
out into the main road from a side road in front of the
plaintiffs at an angle towards the intersection with no left turn
signal. The plaintiff motorcycle operator suffered a fractured
ankle. The plaintiff motorcycle passenger sustained a severely
fractured leg requiring three surgeries over a two year period
resulting in a below-the-knee amputation of the leg.
The defense argued that the plaintiffs were on a joint venture
joy ride, were inattentive and were speeding. The defendant
maintained that the plaintiffs were traveling at approximately 45 miles per
hour in the 35 mph zone. The defendant further asserted
that the plaintiffs carried out an unlawful passing maneuver within ________ feet
of an intersection, failed to reduce their speed and failed to
properly adjust to the defendants entry onto the road. The
defendant offered its $________ policy limit to the plaintiff
passenger only. The plaintiffs waived a jury trial. The Court
found that the defendant had failed to properly activate his turn
signal, but that this was not a substantial factor contributing
the accident. The Court further found that the plaintiff
motorcycle operators negligence was a substantial factor
contributing to the accident. Accordingly, judgment was entered
against both plaintiffs and for the defendant on his cross-
complaint for property damage.
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
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- Defeat or support post-trial motions through past case histories.
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