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Driver: Motorcycle 150 feet away before turn was executed

Amount:

$134,125.18

Type:

Arbitration

State:

California

Venue:

Los Angeles County

Court:

Superior Court of Los Angeles County, Los Angeles

Injury Type(s):

arm; back; shoulder; shoulder-fracture (fracture, clavicle);
epidermis-contusion; epidermis-road rash

Case Type:

Motor Vehicle – Left Turn, Motorcycle, Intersection

Case Name:

Michael David Dennis v. Tanner Douglas Stine, Douglas Stine, and Does 1 to 20,
No. BC558049

Date:

January 26, 2016

Parties

Plaintiff(s):

Michael David Dennis (Male, 31 Years)

Plaintiff Attorney(s):

Whitney D. Ackerman;

Los Angeles,
CA,
for
Michael David Dennis ■ Joseph W. Kellener;

Van Nuys,
CA,
for
Michael David Dennis

Plaintiff Expert(s):

Daniel Silver; M.D.; Orthopedic Surgery; Encino,
CA called by:
Whitney D. Ackerman, Joseph W. Kellener

Defendant(s):

Douglas Stine, 

Tanner Douglas Stine

Defense Attorney(s):

Steven M. Maslauski;
Kirtland & Packard, LLP;
El Segundo,
CA,
for
Douglas Stine, Tanner Douglas Stine

Defendant Expert(s):

Steve Duffy;
Business;
Santa Monica,
CA called by:
Steven M. Maslauski ■ Lawrence Mozan;
Orthopedic Surgery;
Long Beach,
CA called by:
Steven M. Maslauski

Insurer(s):

Shelter Mutual Insurance Co. for both defendants

Facts:

On Aug. 27, 2013, plaintiff Michael Dennis, 31, an executive recruiter, was riding his motorcycle on northbound Lincoln Boulevard, in Santa Monica. As Dennis approached the intersection with Victoria Avenue, a vehicle operated by Tanner Stine made a left turn in front of him. As a result, Dennis disengaged from his motorcycle, and he sustained injuries to his clavicle, face, arms, back, and shoulders. Dennis sued Tanner Stine and the believed owner of Tanner Stine’s vehicle, Douglas Stine. Dennis alleged that Tanner Stine was negligent in the operation of the vehicle and that Douglas Stine was vicariously liable for Tanner Stine’s actions. The matter proceeded to arbitration. Dennis claimed that Tanner Stine caused the accident by making an unsafe left turn in front of him at the intersection with Victoria Avenue. Tanner Stine claimed that he made what he thought was a safe left turn when Dennis’ motorcycle was approximately 150 feet away from the intersection.

Injury:

Dennis sustained a fractured of the right clavicle, road rash, and facial contusions. He also complained of pain in his arms, back, and shoulders. Dennis was subsequently transported by ambulance to a hospital, where he was treated and released. Dennis claimed that he will require a procedure to repair his fractured clavicle. He also claimed that after the accident, he felt that he was unable to fulfill certain obligations of exclusive contracts he was working on as an executive recruiter. He alleged that as a result, he suffered a loss of earnings of approximately $237,800. He also alleged that he was forced to terminate his recruiting business, which he valued at approximately $400,000. The Stines’ insurance carrier paid $5,009.63 for the damage to Dennis’ motorcycle, which was declared a total loss. The parties also stipulated to $14,125.18 for Dennis’ past medical costs and $43,500 for Dennis’ future medical costs in connection with the clavicle surgery. In addition, Dennis sought recovery of $687,000 for his past and future loss of earnings, and recovery of non-economic damages for his past and future pain and suffering. Defense counsel contended that Dennis’ surgical procedure and any post-procedure therapy should total $10,000.

Result:

Arbitrator Darrell Forgey determined that Tanner Stine was negligent and that Dennis’ damages totaled $134,125.18.

Michael David Dennis: $14,125 Personal Injury: Past Medical Cost; $25,000 Personal Injury: Future Medical Cost; $20,000 Personal Injury: loss of earnings; $75,000 Personal Injury: pain and suffering

Trial Information:

Judge:

Gregory Keosian

Darrell Forgey

Demand:

$250,000 (policy limits)

Offer:

None

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.