It was summer, early June, when a Central California woman and her boyfriend
decided to go for a ride on his 1993 Harley FLHTCL motorcycle. It was
really a perfect day for a ride. The sun was shining and the weather was
warm, but comfortable as the breeze blew against their leather riding
gear. They were both properly attired and wearing all the gear. They were
not far into the ride when they had an incident. They had just passed
a car in the #2 slow lane of Highway 63 when the driver of a 2009 Chevrolet
pick-up made an unsafe lane change into the #1 fast lane they were occupying.
The pick-up bumped the right rear side of the motorcycle. The impact was
very minor and the Harley was not upset. Unfortunately the soft impact
was with the woman’s right boot and ankle. The parties stopped and
exchanged information and went on their respective ways.
That night the woman noticed pain and some swelling in her right ankle.
She reported to her primary care doctor the next day. He said nothing
was broken; take it easy and everything will be fine. A month went by
and woman was still having issues with her ankle. She reported the problem
to her PCP and was again told “everything is going to be fine, these
things take time”. At this point the woman decided to contact a
lawyer and called The Dunnion Law Firm. After discussing the matter she
hired the firm and was assigned an attorney who wanted to know why the
ankle was not healing as predicted by the client’s PCP. He hired
an orthopedic medical expert who examined her ankle and ordered an MRI.
He found that she had suffered strained tendons and predicted that the
woman had recovered but would be left with a residual weak ankle unless
she had surgery.
The woman did not think the injury was such that she would want surgery
at this time. The attorney using the medical experts opinion of a permanent
injury made a demand for the liability insurance limits of the pick up
drivers insurance policy. Faced with solid evidence the insurance company
agreed to pay its limits of $100,000.00 rather than face the prospects
meeting the medical expert in trial. The woman was satisfied happy with
the result obtained.