Vinson v Schmidt
May 24, 2018OUTCOME: The jury found that Schmidt was 100 percent liable for the accident. It also determined that Vinson's damages totaled $362,885.63.
On July 28, 2016, plaintiff Paul Vinson, 59, an actor, was riding his motorcycle between 30 and 35 mph on Interstate 5, also known as the Cascade Wonderland Highway, near Encinitas. While he was lane s ... plitting between the fast lane and its adjoining lane, he was involved in a collision with a sport utility vehicle operated by Kelley Schmidt, who was traveling in the fast lane of the highway. Vinson claimed he suffered an aggravation of pre-existing soft tissue injuries and an injury to his stomach, which requiring a biopsy that led to a stroke. Vinson sued Schmidt, alleging that Schmidt was negligent in the operation of her vehicle. Vinson claimed that Schmidt failed to properly check her blind spot for traffic before attempting to change lanes. Plaintiff's counsel noted that Schmidt sent a text message to a friend after the crash stating that she "hit" the motorcycle while he was "in (her) blind spot." Counsel also argued that photographs showed that the side of the motorcycle hit the ground during the crash, thus confirming that Vinson's motorcycle was knocked down onto the freeway. Schmidt denied that she was changing lanes at the time of the crash. She also claimed that Vinson failed to exercise proper caution. Specifically, Schmidt alleged that Vinson's lane splitting, while not illegal in California, was dangerous and that Vinson was traveling too fast for the traffic conditions. Schmidt further maintained that the crash did not knock Vinson to the ground and that, instead, her SUV just bumped the motorcycle.
