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Any and all written material contained herein from Penney and Associates or its attorneys is for informational purposes and is not intended to be construed as legal advise. Any mention of cases or the results of such cases is not intended to advise concerning the value of similar cases. Nothing herein is intended to create an attorney-client relationship. Always consult with an attorney.
Thursday, January 22, 2009
MOTORCYCLE HITS CREVICE IN ROAD CAUSING ACCIDENT
MOTORCYCLE HITS CREVICE IN ROAD CAUSING ACCIDENT
(Hamilton v. State of California, Alameda County Superior Court Docket #VG06296717)
At approximately 3:00 p.m. plaintiff, Charles Hamilton III was riding his motorcycle on interstate 580 near Flynn Road when he felt the front end of his motorcycle suddenly drop down into what seemed like a small gap in the concrete between lane number one and two. Once the motorcycle came out of the small gap between the lanes the motorcycle began to wobble and head toward the center guardrail. Once the motorcycle entered the bumpy center divide area the plaintiff was thrown off of his motorcycle and into the guardrail. Plaintiff suffered a compound left ankle fracture, left femur fracture, right hip and shoulder fracture, pelvic fracture, torn right rotator cuff and multiple lacerations.
The defendant, State of California argued that the imperfections were minor and that the accident was caused by mechanical defects of the motorcycle and rider error by overreacting.
Prior to trial the case was mediated and settled for $700,000.00.
A motorcycle rider must be very careful when riding on roads that are in poor condition. At Penney and Associates we handle all types of motorcycle accidents that occur in the State of California.
Penney and Associates cannot guarantee a result in a case similar to the above, all cases are different and must be thoroughly reviewed prior to settlement. Penney and Associates obtains information concerning cases from various sources. For further information see www.penneyandassociates.com
(Hamilton v. State of California, Alameda County Superior Court Docket #VG06296717)
At approximately 3:00 p.m. plaintiff, Charles Hamilton III was riding his motorcycle on interstate 580 near Flynn Road when he felt the front end of his motorcycle suddenly drop down into what seemed like a small gap in the concrete between lane number one and two. Once the motorcycle came out of the small gap between the lanes the motorcycle began to wobble and head toward the center guardrail. Once the motorcycle entered the bumpy center divide area the plaintiff was thrown off of his motorcycle and into the guardrail. Plaintiff suffered a compound left ankle fracture, left femur fracture, right hip and shoulder fracture, pelvic fracture, torn right rotator cuff and multiple lacerations.
The defendant, State of California argued that the imperfections were minor and that the accident was caused by mechanical defects of the motorcycle and rider error by overreacting.
Prior to trial the case was mediated and settled for $700,000.00.
A motorcycle rider must be very careful when riding on roads that are in poor condition. At Penney and Associates we handle all types of motorcycle accidents that occur in the State of California.
Penney and Associates cannot guarantee a result in a case similar to the above, all cases are different and must be thoroughly reviewed prior to settlement. Penney and Associates obtains information concerning cases from various sources. For further information see www.penneyandassociates.com
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