Symington vs. California Lighting Sales
Jun 04, 2013OUTCOME: Settled for $2,265,000.00
On Jan. 19, 2011 at 8:25 a.m., Plaintiff Symington, 33, who worked in information technology, was riding his motorcycle in the carpool lane of the 405 Freeway in Costa Mesa. At the same time, a vehicle ... operated by Reuben Turtletaub, which was in front of Symington, attempted to exit the carpool lane by crossing over solid double yellow lines. Subsequently, Symington rode his motorcycle down to the ground, in order to avoid colliding with Turtletaub's vehicle. Symington sustained injuries to his head, neck, left hip and left shoulder. He brought suit against Turtletaub for motor vehicle negligence, as well as California Lighting Sales, Inc., Turtletaub's employer, which he was employed under the scope of at the time of the accident, and Beverly Star Car Rental, Inc., which owned the rental vehicle that Turtletaub was operating. Symington contended that Turtletaub negligently crossed over the solid double yellow lines and negligently steered into Symington's right of way. Plaintiff contended that Turtletaub's negligent driving was the sole cause of the collision and that Turtletaub did not have any evidence showing or proving that Symington was in any way at fault for the collision. Turtletaub claimed that he was only partly at fault for the collision; and that Symington was primarily at fault for the collision because Symington was allegedly speeding and passing on Turtletaub's right hand side of the vehicle in an unsafe manner. Plaintiff responded that Symington was not speeding. Symington sustained a left femoral neck fracture, a left humerus neck fracture, blunt head trauma and abdominal trauma. As a result of the collision, Symington's wife, plaintiff Erin Symington, suffered serious emotional hardship, lost the companionship of her husband, and had to take on her husband's duties at home and sought recovery for loss of consortium. Defendant claimed that Mr. Symington would only need one future hip replacement surgery; that Mr. Symington would not suffer any future lost earnings or a loss of earnings capacity as a result of the collision; that Mr. Symington's future life care plan and past medicals were excessive; and that Mrs. Symington's loss of consortium claim was excessive.
