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Recent Case Resolutions
Allen v Bottomley 2-4-09
Jury Verdict: $1,851,521.15
This accident occu read more…
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Recent Case Resolutions
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Allen v Bottomley 2-4-09
Jury Verdict: $1,851,521.15
This accident occurred in the San Jose area in April of 2007. A 14 wheeler was traveling south bound on King Street after making a delivery in which the driver parked the truck in such a way that although he now did not need to walk around the truck to unload it, now had to make the U-turn that caused the accident...all because he didn't want to walk around his truck to unload it. Instead of continuing to the next street where he could have made a left turn at an arrow (SAFELY) he opted to attempt a U-turn in a commercial/residential area where there was not enough room to complete the turn. He ended up blocking all lanes of traffic.
A westbound car was now stuck- she was unable to see any traffic and also had to move out of the way for the truck to continue its attempt to make the u-turn. The driver of the semi-truck decides to waive the car on to make its turn and the driver of the car, even though she cannot see any oncoming traffic, follows the direction of the truck driver and pulls out into the street.
Our client is heading north bound on King, a 35 mph street. he sees the truck blocking the lanes but even before he can adjust to that, the vehicle, waived on by the truck driver pulls out directly in his path...and the collision occurs with the car pulling out. There was no contact at all with the Defendant truck.
Mr. Allen suffered severe injuries including upper and lower fractures of his tibia and fibula, with rod insertions with screws in both upper and lower. His leg was actually shortened by the injuries and a pre-exisiting disk bulge was exacerbated by the accident. Mr. Allen is now faced with additional surgery in the future and a permanent limp from the accident. He had over $150,000 in medical bills with an approximation of $200,000 in future medical bills.
In the end it was determined that both municipal AND state codes were violated and that the driver did not follow company guide lines. It was interesting to note that the Defendants claimed that he had to make a u-turn there since there was no left turn arrow near by. We easily overcame that by showing a photo of the left turn arrow at the NEXT intersection and introducing testimony from the city that the arrow had been installed 9 years before this accident.
Prior to the trial, the Defendants offered us 0 and finally at trial $100,000. Both offers were not even considered as reasonable by us. For some reason the Defendants felt (wrongly so ) that they could try to use some type of prejudice against motorcycles to their advantage. They were wrong. In a nutshell, the jury found the truck driver/company 100% at fault and found all past and future medical bills to be reasonable. They also agreed with us on the severity of his injuries and compensated him fairly for negligence of the driver and company.
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