Cyclist in crosswalk struck by SUV; herniated disks. $577K. Orange County.


College-age soccer player riding bicycle is struck by SUV; claims he will not be able to continue playing soccer.  Plaintiff beat his Section 998 offer.

The Case

  • Case Name: Both v. Elizarraraz-Lopez
  • Court and Case Number: Orange County Superior Court / 30-2013-00654421
  • Date of Verdict or Judgment: Wednesday, June 10, 2015
  • Date Action was Filed: Thursday, June 06, 2013
  • Type of Case: Bicycle Accident
  • Judge or Arbitrator(s): Hon. Mary Shulte
  • Plaintiffs:
    Alexander Both, 20
  • Defendants:
    Jesus Gerardo Elizarraraz-Lopez
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $577,139.51
  • Economic Damages:


  • Non-Economic Damages:


  • Trial or Arbitration Time: 2 weeks.
  • Jury Deliberation Time: 3 hours.
  • Jury Polls: 11-1 on economic; 12-0 on non-economic.
  • Post Trial Motions & Post-Verdict Settlements: 998 cost motion pending.

The Attorneys

  • Attorney for the Plaintiff:

    Gavrilov Law Corporation by Ognian Gavrilov, Sacramento.

    Tarasenko Law by Kirill Tarasenko, Sacramento.

  • Attorney for the Defendant:

    Law Office of William I Chopak by William Chopak, Rancho Santa Margarita.

The Experts

  • Plaintiff’s Medical Expert(s):

    Dr. Andrew Fox, neurosurgery, Sacramento.

  • Defendant's Medical Expert(s):

    Dr. Hambly, spine surgery, Sacramento.

  • Plaintiff's Technical Expert(s):

    Hristo Gyoshev, economics, San Francisco

Facts and Background

  • Facts and Background:

    SUV v. bicycle collision in Tustin in 2012.

    Plaintiff was biking in a cross-walk when defendant's SUV made a left turn, striking plaintiff in the middle of the crosswalk. Liability was not contested.

    Plaintiff was a community college student and soccer player.

  • Plaintiff's Contentions:

    Plaintiff claimed that he lost his ability to play soccer and he will live a life full of regrets. Plaintiff also claimed that he has occasional pain and is not the same as before.

  • Defendant's Contentions:

    Defendant claimed plaintiff is grossly exaggerating his medical issues. Defendant (insured by Ameriprise Insurance) had a sub rosa video showing plaintiff being able to do everyday activities. 

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Two herniated disks, lumbar and cervical regions, both about 2mm.

Demands and Offers

  • Plaintiff §998 Demand: $150,000
  • Defendant §998 Offer: $60,000