Examples of San Diego Motorcycle Accident Cases

Casey Gerry's San Diego motorcycle injury lawyers represented a young man who was riding his motorcycle and was struck by a car. The automobile driver made a left turn into an alley directly in front of the bike. Our client applied the brakes of his motor cycle, doing his best to avoid a collision. His bike struck the vehicle, and his right leg was pinned. His injuries were so severe that his right foot had to be amputated. The driver of the automobile was a bartender, and police measured a his blood alcohol at the accident scene at 0.17, more than twice the legal limit of .08, a flagrant violation of the California driving while under the influence statute. The car driver had very minimal insurance coverage.

In the course of our investigation and discovery on the case, we established that the bar where he worked allowed its employees to drink while working. The bartender had become intoxicated while he was working at the bar, with the full knowledge and consent of the owners. Under respondeat superior, California case law is clear that an employer is liable to a third person who is injured by an intoxicated employee if the employee's intoxication occurred within the scope of employment and the intoxication was a proximate cause of the injuries. In this case we established all the necessary elements to hold the employer liable, and through their liability insurance we were able to obtain a significant recovery for our client.

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Motorcycle
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CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
110 Laurel St. • San Diego, CA