Trial Magazine

Stephen Shriver, 61, was riding his bicycle with a group on the Pacific Coast Highway, through Malibu, Calif. As he entered a construction zone, the shoulder narrowed. Roe, a 16-year-old boy who had recently received his driver’s license, was operating a friend’s vehicle behind Shriver.

As Roe approached Shriver from the left, Roe allegedly drifted to the right. The two collided, causing Shriver to fall from his bicycle and be run over by Roe’s vehicle. Shriver suffered multiple fractures, including to his ribs, pelvis, and spine; and a brain injury, which has resulted in a personality disorder. His medical expenses were $560,000.

Shriver and his wife sued Roe and the owner of the vehicle, alleging that Roe had violated the “three-foot rule” by failing to keep a proper distance from Shriver and avoid the collision. Suit did not claim lost income.

The defense argued that Shriver had fallen in front of Roe’s vehicle and the collision could not have been avoided.

The parties settled for $3.1 million. Roe’s insurer paid $3 million, and the insurer for the vehicle owner paid $100,000 policy limits.

Citation: Shriver v. Roe, Confidential Dkt. No. (Cal. Confidential Ct. Sept. 14, 2018).

Plaintiff counsel: AAJ members Gerald E. Agnew Jr. and Bruce M. Brusavich, both of Torrance, Calif.

Plaintiff experts: Joe Yates, bicycle handling, Seal Beach, Calif.; John Landerville, accident reconstruction, and Stuart Gold, orthopedics, both of Torrance; and Barry Ludwig, neurology, and Charles Furst, neuropsychology, both of Los Angeles.

Defense experts: Kyle Boone, neuropsychology, Torrance; and Richard Rosenberg, orthopedics, and George Chow, neurology, both of Tarzana, Calif.