(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
Plaintiff’s Trial Brief
Factual Background and Disputed Issues
This is a traffic collision personal injury action that arises from an October 31, 2006 accident. Plaintiff, Paul Nathan, was riding on the bicycle path portion of River Drive. Defendant, Tina Lu, was driving on River Drive after having exited Highway 50 on her way home from working in El Dorado Hills. Plaintiff’s portion of River Drive is divided from the main lanes by a divider. At the intersection of River Drive and Ridge defendant made a right hand turn across the path of plaintiff’s bicycle. The bike’s front wheel struck the car and Mr. Nathan was thrown over the car and onto the pavement.
Both vehicles had been moved before the investigating officer arrived. Mr. Nathan was taken from the scene via ambulance prior to being interviewed by the officer. There were no skid marks noted by the officer, no debris in the street noted and thus no accurate means of determining the point of impact or the point of rest of either the vehicle or of Mr. Nathan’s bicycle.
Defendant asserted plaintiff had ridden into the street from the sidewalk. The officer concluded the bicycle had been traveling on the sidewalk and thus entered the intersection in the crosswalk.
Mr. Nathan advised the officer he was “on River Drive where the bikes go.” There is a factual dispute as to where the bicyclist was riding immediately prior to impact. (See Part 2 of 3.)
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