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Motorcycle Passenger Knocked off Bike, Run Over

Larry Eslinger and Kevin Elder of Penney and Associates recently finished a trial in Orange County where the Jury awarded $775,361.00. Defendant's offer was $200,000 and plaintiff's demand was $650,000.00. In sum, on September 23, 2005, plaintiff was a passenger on a motorcycle driven by her late fiancee. Defendant was stopped on the northbound shoulder of the highway, in the same direction plaintiff was traveling. The defendant driver was operating a 10-ton flatbed truck loaded with construction materials. He was admittedly lost and should have been traveling in the opposite direction. The defendant made an illegal U-turn across the double yellow lines directly in the path of plaintiff's motorcycle.

Plaintiff and the operator of the motorcycle had to lay the bike down to avoid impact. After plaintiff came off the bike, she began sliding toward the truck. The truck then ran over the edge of her right hip causing a fracture of the right pelvis. She also suffered from some pain in her wrist and elbow. Plaintiff made a good recovery.

The jury awarded plaintiff $59,563.00 past medical, $15,798.00 in past wage loss and the rest in general damages. Defense's motion for new trial was denied.