E-Bike Collision Verdict Limits Recovery in Santa Cruz
Table of Contents
Case Background
A Santa Cruz County jury returned a verdict in a civil lawsuit that followed a collision between a construction truck's trailer and an electric bicycle. On November 29, 2021, Plaintiff Bradley Walter Andersohn rode his Sohoo electric bicycle in a marked bike lane on Murray Street, west of Lake Avenue, in Santa Cruz.
Defendant Leroy Cross had operated a 2005 GMC Sierra truck and towed a trailer at the time of the incident. The complaint alleged that Cross maneuvered the truck in a way that caused the attached trailer to cross into the bike lane, striking Andersohn. The impact ejected Andersohn from his bicycle and slammed him onto the pavement, resulting in serious bodily injuries.
The Plaintiffs, Bradley Walter Andersohn and his wife, Debra Andersohn, filed the complaint on August 9, 2023. They claimed that the actions of Leroy Cross, Michael Price, and Price Construction, who owned the trailer, directly caused Andersohn's extensive physical and financial harm.
Cause
Motor Vehicle Negligence
Bradley Andersohn's legal team claimed that Leroy Cross operated his motor vehicle negligently. They argued Cross violated California Vehicle Code section 21209(a), a law concerning traffic within a bike lane, which constituted negligence per se (negligence established by law). The central claim maintained that Cross failed to exercise reasonable care while towing the trailer, allowing it to encroach into the designated bicycle lane and directly cause the collision.
General Negligence
The Plaintiffs also pursued a claim of general negligence, asserting that Cross breached his fundamental duty of care to Andersohn. Furthermore, they alleged that Michael Price and Price Construction shared responsibility, believing Cross acted within the scope of an agency or partnership with the construction company because the trailer he pulled bore the Price Construction sign.
Loss of Consortium
Debra Andersohn, Andersohn’s wife, filed a separate claim for Loss of Consortium. She asserted that due to her husband's injuries, she had suffered a profound loss of his companionship, comfort, care, affection, and sexual relations, a loss directly resulting from the Defendants' negligent acts.
Injury
Bradley Andersohn suffered "great bodily injury" in the collision. The complaint specifically itemized the categories of harm for which the Plaintiffs sought compensation, including:
Hospital and medical expenses.
Wage loss and loss of future earning capacity.
Loss of use of property.
General damages for physical and mental pain and suffering.
Damages Sought
The Plaintiffs had sought compensatory damages for all listed injuries, with the final amount to be determined "according to proof" during the trial, as is customary in personal injury cases.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Bradley Walter Andersohn | Debra Andersohn
· Counsel for Plaintiff(s): Tanya Gomerman | Robert Hester
Defendant(s): Leroy Cross | Michael Price | Price Construction
· Counsel for Defendant(s): William S. Kronenberg | Dominic S. Ripoli | David Ruezga
· Experts for Defendant(s): Dave Atkin | Laurence Neuman
Key Arguments and Remarks by Counsel
Claims
The Plaintiffs established that Leroy Cross's driving specifically, his failure to maintain the trailer within the proper lane directly caused the bicycle collision. They worked to prove that Michael Price, as the owner of the trailer, and Price Construction were legally tied to Cross's actions through principles of permissive use or agency, making them equally responsible for the damages.
Defense
Defendant Leroy Cross filed an answer in September 2023, categorically denying every allegation of negligence or carelessness. His defense team advanced several affirmative defenses. Chief among them, they asserted that Bradley Andersohn's own negligence and carelessness had caused or significantly contributed to the accident and the resulting injuries. They also requested that the jury assign a percentage of fault to any other parties or persons the evidence might have revealed, arguing for a proportional reduction of any liability found against Cross.
Jury Verdict
Following the presentation of evidence and closing arguments, the jury deliberated and returned a Special Verdict Form on February 21, 2025. The jury addressed key liability questions before determining the total damages.
Liability Findings
The jury found that Defendant Leroy Cross was negligent, and that his negligence was a substantial factor in causing harm to Bradley Walter Andersohn.
The jury then examined the responsibility of the other Defendants:
Agency: The jury found that Leroy Cross was not Michael Price's agent at the time of the incident, removing agency liability for Price.
Permissive Use: However, the jury determined that Michael Price was the owner of the trailer and that he had given permission to Leroy Cross to pull the trailer with Cross’s vehicle. This finding established a legal basis for holding Michael Price and, by extension, Price Construction, liable as the owner of the equipment involved.
Comparative Negligence
The jury also concluded that Plaintiff Bradley Walter Andersohn was negligent and that his negligence was a substantial factor in causing his own harm. The jury then assigned the percentage of responsibility for Andersohn's total harm as follows:
Leroy Cross: 5%
Bradley Walter Andersohn: 95%
Damage Award
After assigning 95% of the fault to the Plaintiff himself, the jury calculated the total damages suffered by both Plaintiffs, a figure they had reached before applying the percentage reduction.
Bradley Walter Andersohn Damages
The jury found Bradley Walter Andersohn’s total damages to be $593,500. This amount included $50,000 for past lost wages, but the jury awarded no damages for future lost wages. For medical and health expenses, the jury awarded $43,500 for future care. In addition to these economic damages, the jury awarded $500,000 for non-economic damages (pain and suffering), split between $300,000 for past suffering and $200,000 for future suffering. The total economic damages amounted to $93,500, while the total non-economic damages reached $500,000. The grand total for Bradley Andersohn amounted to $593,500 before the fault apportionment.
Debra Andersohn Damages
For the loss of consortium claim, the jury awarded Debra Andersohn $25,000 for the loss of her husband's love, companionship, comfort, care, assistance, protection, affection, society, moral support, and enjoyment of sexual relations.
The jury's special verdict affirmed that Defendant Leroy Cross, and by extension the other liable Defendants, had caused the collision, but it drastically limited the ultimate financial recovery of the Plaintiffs due to the finding of overwhelming comparative fault on the part of Bradley Walter Andersohn.