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CaseyGerry
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP
Trial Lawyers Since 1947
Motorcycle AccidentsThe experience of Casey Gerry’s San Diego motorcycle accident attorneys Motorcycle injuries can be severe and disabling, even fatal. The plaintiff’s law firm of Casey Gerry has had substantial experience in representing people injured in motorcycle accidents. Casey Gerry has represented collision clients in San Diego and throughout southern California. Some of these individuals had suffered serious physical injuries including brain damage and amputations. Others were the surviving families after the wrongful death of loved ones. In assessing injuries in motorcycle accident cases, our motorcycle accident attorneys always look not only at what occurred in the accident, but also at the area where the motorcycle accident occurred. We evaluate the safety of equipment, especially helmets, which may have been defective. In one motorcycle accident case our San Diego motorcycle accident attorneys handled, a young man was struck by a vehicle whose operator was a bartender. The driver made a left turn into an alley directly in front of the motorcycle. Our client applied the brakes of his motorcycle while trying to avoid a collision. His motorcycle struck the vehicle, and his right leg was pinned, resulting in injuries so severe that his foot had to be amputated. The driver of the vehicle had a blood alcohol of 0.17, more than two times the legal limit of .08, a clear violation of the California driving while under the influence statute. The driver had very minimal insurance coverage. However, through our investigation and discovery we established that the bar where he worked allowed employees to drink while working. The employee had become intoxicated while working at the bar, with the knowledge of the owners. California case law is clear that under respondent superior 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. Under this case, Childers v. Shasta Livestock Auction Yard, Inc., our motorcycle accident attorneys established all the necessary elements to hold the employer liable, and we were able to obtain a significant recovery for our client. |
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