SF Skater settles for $420k in Honda Accord crash.
Table of Contents
Case Background
Ryen Motzek filed this civil lawsuit in the Superior Court of California, County of San Francisco, on January 4, 2024. The case, assigned number CGC24611404, centered on a motor vehicle collision involving a skateboarder and a passenger car. Attorney Reuben J. Donig represented Motzek, while Andrew F. Noble served as the attorney for the primary Defendant, Kendu Bomani. The litigation moved forward after the defense filed a formal answer on March 12, 2024, which contested the allegations and raised several legal barriers to the Plaintiff's recovery.
Cause
The incident occurred on November 26, 2022, around the 400 block of Eddy Street in San Francisco. Ryen Motzek traveled eastbound in a designated bike lane on his skateboard. At the same time, Kendu Bomani operated a 2021 Honda Accord owned by Dwight Hall. The car struck Motzek, and the Plaintiff alleged that Bomani drove and maintained the vehicle in a negligent, careless, and reckless manner. Furthermore, Motzek claimed that Dwight Hall acted negligently by entrusting the vehicle to Bomani, asserting that Hall knew or should have known that Bomani was not competent to operate the car safely.
Injury
The collision caused Ryen Motzek to suffer severe bodily injuries and intense physical pain. Because of the severity of these injuries, Motzek required medical treatment immediately following the accident and anticipated the need for continued healthcare in the future. The trauma from the impact significantly altered his physical well-being and forced him to manage long-term recovery efforts.
Damages Sought
Motzek pursued a variety of compensatory damages to be proven at trial. He requested coverage for all past and future hospital and medical expenses. Additionally, the lawsuit sought compensation for lost wages and the loss of future earning capacity resulting from his inability to work. The Plaintiff also claimed general damages for pain and suffering, along with property damage related to the personal items involved in the crash.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Ryen Motzek.
Counsel for Plaintiff(s): Reuben J. Donig
Defendant(s): Kendu Bomani | Dwight Hall | Does 1 to 10.
Counsel for Defendant(s): Andrew F. Noble | Amy Carlson | Richard Wardell Loveland | Andrew Franklin Noble
Key Arguments or Remarks by Counsel
Plaintiff’s Claims of Negligence
The Plaintiff’s attorney argued that the Defendants were the legal and proximate cause of Motzek’s damages. They contended that the driver's failure to respect the bike lane led directly to the collision. The legal team emphasized that the vehicle owner shared the blame because he authorized an incompetent driver to take the wheel, creating a foreseeable danger to others on the road.
Defense and Denials
In the formal answer, Kendu Bomani denied every allegation in the complaint, specifically stating he was not negligent and that Motzek was not injured as alleged. The defense argued that the lawsuit was barred by the statute of limitations under Code of Civil Procedure section 335.1. They also asserted that Motzek and other unknown third parties were guilty of contributory negligence, suggesting the Plaintiff’s own actions caused or contributed to the accident. Finally, they argued that Motzek failed to use reasonable diligence to mitigate his injuries, which aggravated his condition.
Settlement
The legal proceedings concluded with a resolution between the parties regarding the injuries sustained on Eddy Street. While the defense initially argued that the Plaintiff should take nothing, the parties reached an agreement to settle the matter.
The case resulted in a settlement of $420,000. This amount provided compensation for Motzek’s medical bills, lost earnings, and the physical pain he endured since the 2022 accident. By reaching this settlement, both sides avoided the risks of a trial, and Motzek secured the funds needed for his ongoing recovery and financial stability.
Court documents are available upon request at jurimatic@exlitem.com