April 29, 2025

Edited by Shawn Steel & John Tawlian

CASE OF THE MONTH

Motor Scooter vs. Construction Zone

Tyler, a 17-year-old high school student, was severely injured when he crashed his electric scooter into an open trench at a construction site near his home late at night.


The City of Alameda had hired Ranger Pipelines to replace city sewer pipes under public roadways. After partially completing work for the day, workers left the trench only partially filled, creating a significant lip across the roadway. As Tyler entered the construction zone, he lost his balance while crossing the trench and fell, suffering serious lower extremity injuries.


Tyler argues the city and it's contractor were responsible for the failure to give adequate warning of a dangerous condition, specifically, loose gravel scattered across the site, as well as failing to install proper lighting and to close and level the trench.


The City contended that Tyler had ample time to observe and react to the roadway conditions. They further argued that Tyler was partially at fault for traveling too fast on a two-wheeled vehicle and noted that he was not properly licensed to operate the electric scooter.


Tyler injuries included: numerous muscular skeletal disorders and right tibia / fibula fractures with ACL tears. Following initial surgery, Tyler developed a life-threatening infection at the surgical site, requiring numerous additional operations, antimicrobial treatments, and the placement of hardware.


Case resolved for $8,000,000


Tyler v. City of Alameda

Alameda Superior Court | August 12, 2024 | Judge Joscelyn Jones


Pro Tips 

  • Jurors might rule against a teenager on a scooter, but this case held numerous facts against the City. 
  • This City and its contractor were flagrantly incompetent in creating this clearly dangerous situation. 
  • Note that the initial surgery did not go well. Tyler suffered life-threatening infections post-surgery. The infections could have incurred at the hospital or by poor surgical hygiene. This is a risk when getting any type of surgery. But the defendant who created the injury is responsible even if the follow up medical care was malpractice. 

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TEMPLATES AND FORMS

Can Loss of Earnings Exceed The Injury Claim?

Answer: Yes.


If a patient has a full-time career and their work is disputed, that loss alone can create a huge financial setback. 


We represented two longshoremen in the past two years who each suffered not only painful injuries, but also lost their chance to advance toward full-time work. Union longshoremen earn well over $100,000 a year without needing a college degree. These jobs are eagerly sought after. Many workers wait years for their turn to move into full-time status. Each day, a part-time worker has to show up at the union hall to see if they can get day work. If they wait long enough and build enough hours, they may eventually qualify for full-time employment.


Our clients lost their place in line, costing them hundreds of thousands of dollars in potential income. In each case, the treating chiropractor specifically documented the loss, providing key evidence to support fair compensation.


Need a Loss of Earnings Form?

Email John Tawlian to request a copy of the Loss of Earnings form that the employer must complete.

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