San Diego Jury Awards $13.1M in Motorcycle Crash

Case Background

Plaintiff Kwayde Miller lived in Ramona, San Diego County. On October 19, 2019, he rode west on San Pasqual Road near Zermatt Lane. Defendants included the County of San Diego, Helen Azalea Elson, Daniel Joseph Elson, and Does. Plaintiff filed a late-claim petition after an initial denial. The c granted relief on April 15, 2021. He then pursued this action.

Cause

Helen Elson drove a Mitsubishi east on San Pasqual Road. She attempted a left turn to northbound Zermatt Lane. She failed to yield to oncoming traffic. Consequently, her vehicle struck Plaintiff’s motorcycle in the intersection. Plaintiff also alleged a dangerous intersection. The location lacked a left-turn signal and a left-turn pocket. Lines were faded or missing. Sight distance was limited by elevation, geometry, and curvature. Signage and lane widths were inadequate. The speed limit was 45 mph. Plaintiff alleged the County controlled the area and ignored repeated risks.

Injury

The collision injured Plaintiff’s body and mind. He suffered shock and nervous-system injury. He reported significant pain and suffering. Symptoms persisted and restricted activities. He alleged reduced quality of life. He sought ongoing medical evaluation and care.

Damages

Plaintiff incurred medical and incidental expenses. He expected future treatment and diagnostics. He claimed lost earnings and diminished earning capacity. He also reported property damage to his motorcycle and related items. He sought costs, interest, and further relief.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Kwayd