Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
INJURIES: As a result of laying his bike down, Tailman sustained torn tendons in his right and left rotator cuffs. He underwent a right rotator cuff repair surgery. His past medical specials were $103,953.89.
Facts:
On March 29, 2008, plaintiff Matt Tailman, 52, a personal trainer, was riding his motorcycle westbound in Sacramento when he was in an accident with a vehicle driven by Fred Avis, who was in the course and scope of his employment with ABC.
Avis was traveling south and stopped at the intersection with a red light. He then commenced a wide right turn, crossing into Tailman’s lane of traffic. Tailman changed into the No. 3 lane to avoid Avis’s vehicle. After completing the right turn, Avis turned into the No. 3 lane, stopped and parked. Tailman could not avoid Avis’s vehicle and laid down his bike prior to impact.
Tailman sued Avis and Walter Zoo, who was doing business as ABC and therefore was Avis’s employer. He alleged that Avis was negligent in the operation of his vehicle and that ABC was vicariously liable.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff’s counsel contended that Avis was negligent and the sole cause of the incident. Counsel contended that the right turn when traffic was not clear was negligent while the primary negligent act by Avis was the abrupt lane change from the No. 2 lane to the No. 3 followed by him stopping and parking the vehicle. Avis’s negligent lane change and stop was at a time and place where Tailman was unable to avoid the imminent collision.
Defense counsel contended that Tailman’s unsafe lane change into the No. 3 lane could not have been detected by Avis and was the sole cause of the subject incident.
Tailman was a professional bodybuilder and trainer prior to the incident. As a result of the injuries sustained to his right and left shoulders, he could no longer lift his arms above his shoulders and had restrictions on lifting any meaningful amount of weight. His success as a trainer was based largely upon his active role in training his clients, which he could no longer do.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.