(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/auto accident case and its proceedings.)
PLAINTIFF’S TRIAL BRIEF
STATEMENT OF FACTS
November 28, 2003, was Sunday of Thanksgiving weekend. Plaintiff Archie Smith, a Sacramento resident, was twenty-one years of age and was on a break from his studies as a math major at Princeton University. The weather was clear and sunny so Archie and friend Miranda Brown decided to go for a bike ride to the beach. The pair started near Veteran Avenue in Santa Monica, rode to Ocean Boulevard along the beach and then turned east on San Vicente Boulevard back towards Miranda’s home.
Defendant Sabrina Black, aged 60, had been to the manicurist, purchased holiday greeting cards and was driving her BMW X-5 SUV northbound on 11th Street on route to her home in Westwood. At approximately 2:15 p.m., defendant approached the stop sign at the intersection of 11th Street and San Vicente and intended to proceed across the intersection to the center median, where there is a break in the road for vehicles to make turns, and then turn left onto San Vicente Boulevard. Defendant stopped at the stop sign but failed to see Archie who was riding eastbound on San Vicente Boulevard in the bike lane directly in front of her at the time of impact. Defendant accelerated to make her way towards the center median and struck Archie.
The point of impact was within the bike lane. The front of defendant’s SUV struck Archie ‘s right hip and the middle of the hood of the SUV impacted the bicycle’s handlebars. After impact, Archie ‘s bicycle was knocked to the ground in front of defendant’s SUV. Instead of immediately stopping upon feeling the impact, defendant continued to drive forward, ran over Archie with the left front tire of the SUV, and continued to drag him and his bicycle on the asphalt underneath the vehicle for more than twenty feet. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.