The case stems from an accident in October of 2015, in which our firm’s 46-year-old client was injured while participating in a group bicycle ride. During the ride, the front tire of our client’s bicycle suddenly and without warning sunk into an inch-wide “micro-trench” that had been cut into the surface of the road. The impact threw our client over the handlebars, and he landed on his face and right arm.
As a result of the fall, our client’s right front tooth was dislodged entirely from its socket, requiring a root canal and crown for it to be replaced. Due to several other teeth being fractured and chipped, our client also underwent two additional root canals on two teeth, and an extraction of another tooth. The oral injuries and subsequent dental procedures caused significant pain, discomfort, and embarrassment for our client, and required him to be placed on a liquid diet for several months. The dentist who treated him further testified that he will eventually lose his front right tooth, and will need a dental implant in the next three to four years. In addition to the dental injuries, our client also fractured his dominant right hand, and was required to wear a splint for four weeks.
During litigation, it was discovered that a contractor hired to install fiber-optic cable in the City had cut the trench which caused our client to be thrown from his bicycle. Unfortunately for our client, this contractor had left the trench open, unmarked, and without warning or protections for bicyclists who used the road.
Prior to trial, the defendant’s employees admitted they never considered the safety of cyclists when digging the trench, and that they did not know the width of a bicycle tire. After hiring and collaborating with a construction expert, Attorney Warner and our legal team learned that the defendant should have covered the open and exposed trench in some way so as to prevent injury to bicyclists. Goodman Acker then filed a motion with the Court asking for the Court to review all evidence and determine if the defendant was negligent. The Court held as a matter of law that the defendant was negligent for leaving the trench open and for not providing any warning to unsuspecting bicyclists. This meant that the only matter the jury had to decide was the value of our client’s damages, and whether he contributed in some way to causing his injuries.
Following a two-day trial in which Attorney Warner effectively demonstrated the extent of our clients’ injuries and their impact on his life, the jury awarded our client $142,748.62, attributing $95,000 for his pain and suffering, over $19,000 for his lost wages and medical treatment, roughly $8,000 for his future medical needs, and $20,000 for his future pain and suffering. The jury also found that the plaintiff was 25% at fault for his injuries.
The trial verdict is a significant victory for Attorney Warner and our client, who now not only has the financial means to not only cover the damages and expenses he incurred as a result of his injuries, but also pay for the medical treatment he will require in the coming years. Financial recoveries like these are critical to victims harmed by the negligence of others, and are proof of the successful outcomes experienced and committed trial lawyers like Attorney Warner can secure.
If you would like more information about our award-winning attorneys and the services we provide, or if you wish to discuss a potential bicycle accident or personal injury case with a member of our team, call (248) 286-8100 or contact us online for a free consultation.