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$________ Motor vehicle negligence - Dump truck/bicycle collision - Plaintiff bicyclist collides into dump truck blocking bicycle path - Fractured left humerus, fractured right radial and ulna and left partial brachial plexus palsy.

Los Angeles County, California

The plaintiff, a bicyclist, collided into a dump truck that was blocking the bicycle path, stopped in a no stopping zone. The defendants maintain that the plaintiff was negligent in that the stopped truck was visible from a distance.

The 48-year-old plaintiff was riding his bicycle on March 15, ________ in the bicycle lane on Westchester Parkway. The plaintiff’s bicycle collided with a dump truck that was stopped in a no stopping zone, blocking the bicycle path. The dump truck was one of several dump trucks that were staging on Westchester Parkway, waiting to enter a construction project on the corner of Westchester Parkway and Sepulveda Westway. The plaintiff suffered a fractured left humerus, fractured right radial and ulna and left partial brachial plexus palsy as a result of the collision.

The plaintiff incurred $________ in medical expenses and claimed additional future medical expenses of $________ if surgery for the brachial plexus palsy is performed. The plaintiff also asserted a claim for $________ in past lost earnings.

The plaintiff brought suit alleging that the trucking defendants (hauling contractor, sub-hauler and driver) were negligent because the dump truck was illegally blocking the bicycle path while in a no stopping zone. The plaintiff also alleged that the construction defendants (the developer, general contractor, construction management company and excavation sub-contractor) were liable because they directed a staging operation to occur in a manner where the bicycle path would be illegally blocked. The plaintiff maintained that the construction defendants failed to obtain a permit from the city to block the bicycle path and failed to utilize proper traffic controls to alert oncoming bicyclists that the bicycle lane ahead was blocked.

The defendants maintained that the plaintiff was entirely responsible for the happening of the accident. The defendants maintained that the plaintiff’s lack of attention caused him to collide into the dump truck which was visible from more than ________ feet away and had its hazard lights on.

The plaintiff’s contention that defendants failed to use proper traffic controls was based upon guidelines set forth in the Work Area Traffic Control Handbook. The defendants maintained that this handbook was advisory only and as such was not admissible.

The plaintiff contended that the handbook guidelines were p 7 3 admissible because of the City of Los Angeles’ ordinances and the construction project’s contractual documents, obligating compliance with the guidelines.

The matter settled for the sum of $________ on the first day of trial. One half of the settlement amount was paid by the trucking defendants and one half was paid by the construction defendants.

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