LA city sanitation truck driver deemed not negligent in collision with electric bicycle. Defense verdict. Los Angeles County.
Summary
Sanitation truck and bicycle are travelling in traffic lane when they collide.
The Case
- Case Name: Rickey J. Botley v. City of Los Angeles
- Court and Case Number: Los Angeles Superior Court / 20STCV01012
- Date of Verdict or Judgment: Wednesday, April 23, 2025
- Date Action was Filed: Thursday, January 09, 2020
- Type of Case: Negligence
- Judge or Arbitrator(s): Hon. Valerie Salkin
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Plaintiffs: Rickey J. Botley
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Defendants: City of Los Angeles
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: Defense verdict
- Trial or Arbitration Time: 16 days
- Jury Deliberation Time: 5 hours
- Jury Polls: 10-2
The Attorneys
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Attorney for the Plaintiff:
Arias Sanguinetti Wang & Team, LLP by Elise Sanguinetti and Anna Mezhebovskaya, Emeryville.
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Attorney for the Defendant:
Office of the Los Angeles City Attorney by Joshua Quinones and Lilya Dishchyan, Los Angeles.
The Experts
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Plaintiff's Medical Expert(s):
Fardad Mobin, M.D., neurosurgery.
Stepan Kasimian, M.D., orthopedic surgery.
Alexander Ghatan, DO, pain management.
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Defendant's Medical Expert(s):
Gregory Heinen, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
Steve Anderson, accident reconstruction.
Jan Roughan, life care planning.
John Gardiner, biomechanics.
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Defendant's Technical Expert(s):
Tom Fugger, accident reconstruction.
Tyler Shaw, biomechanics.
Robert Shavelle, life expectancy.
Rhonda Renteria, life care planning.
Sarah Lahalih, motorcycle safety.
Facts and Background
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Facts and Background:
The collision took place on Gage Avenue in Los Angeles, late morning on a sunny day. Both the sanitation vehicle and the motorized bicycle operators alleged that they were in the number 2 lane on Gage Avenue going westbound. Plaintiff was 56 years old at the time of the collision. There was no bicycle lane available to the cyclist at the location of the collision.
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Plaintiff's Contentions:
Plaintiff alleged that the sanitation vehicle veered into his bicycle, hit him at a rate of speed above 25 mph, and "shot him flying" onto the concrete sidewalk to the right.
Plaintiff alleged back and neck injuries, and had a spinal cord stimulator implanted to deal with his back pain.
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Defendant's Contentions:
Defendant contended that its employee was not negligent, and that plaintiff lacked the necessary skills and training to operate his motorized bicycle on the date in question.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff claimed neck and back pain resulting from the incident, which he contended required him to have a spinal cord stimulator implanted to manage pain.
Special Damages
- Special Damages Claimed - Past Medical: $283,870.38
- Special Damages Claimed - Future Medical: $283,870.38
Demands and Offers
- Plaintiff §998 Demand: $1,000,000
- Defendant Offer during Trial: $500,000