Julio Hernandez was riding his bicycle when he passed defendant
Abou in a parked car. Abou opened his driver side door and Hernandez collided into the door.
Hernandez claimed low back and a cut on his right foot. Later Hernandez developed an injured knee.
He sought care from a chiropractor for 39 visits. The DC referred Hernandez to an orthopedist then a knee specialist.
The insurance company argued that that Hernandez suffered only a “mild low back sprain”. That Hernandez failed to mention any knee injury at the ER.
The jury sided with Hernandez.
Hernandez vs. Abou, BC 655318, San Diego Superior Court, Hon. Peter J Mirich.
Bicycle accidents are rapidly increasing, and the injuries are clearly obvious.
Juries are more favorable to bicyclists.
The Knee Injury was the key finding.
The DC wisely followed up on the claim and got patient to the right specialist.