molleda_pllr_article - Ventura Injury Attorney

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countered black ice and went into a skid. The truck
left the road, entered a gravel median, and rolled over
two to three times before coming to rest on a concrete
median barrier. During the rollover, the truck,s roof
crushed inward on the driver's side, compromising
the occupant survival space.
Techau suffered a cervical spinal fracture, resulting in quadriplegia. He now uses a wheelchair and
requires assistance with most daily living activities. His
past medical expenses rotaled about $806,200, and
his future medical expenses and life-care costs exceed
$l million.
Techau's pzrrtner and their minor son, who were
in the vehicle, escaped without significant
passengers
injury.
Techau sued Ford Moror Co., alleging that the
pickup truck's roof was defectively designed in that
it lacked adeqrr.to sfrength to withstand the forces of
a foreseeable rollover collision- Among other things,
the plaintiff asserted that the roof had a weak design;
there were holes and areas of discontinuity in the
structure; and the structure was composed of weak,
thin sheet meral.
The plaintiff sought unspecified lost earnings,
among other damages.
Ford denied that the roof was defective and
ar_
gued that Techau was injured when he ,,dove,, toward
the roof during the rollover.
The parties settled during mediation for a confi-
dential amounl
Plaintiff counse} AAJ member Thadd J. Llaura_
do, Milwaukee.
Sale of novelty motorcycle helmet leads to passenger's fatal head injury
Rilq
Grandon, No. RIC-527b48 (Cal., Riverside Co.
".
Super. Sept.23.2013).
Maudie Molleda, 56, was separated from her husband
and agreed to go for a motorcycle ride with Robert
Grandon, a lawyer whom she met on the Internet.
When Grandon arrived, he gave Molleda a Voss Flat
Black German small beanie helmet-a lighrweight,
novelty half-helmet that was not approved by the U.S.
Department of Transportation (DOT) or designed
for use by motorcyclists.
WWW.J USIICE.OR G/PtlR
As Molleda was riding as a passenger on the
motorcycle, Grandon wenf over a speed hump and
lost control of the bike, which crashed. Molled.a was
ejected and suffered multiple head injuries, including skull-crush injuries and a severe traumatic brain
injury. The injuries left Molteda, an accountant, in a
near-vegetative state.
Molleda and her husband filed suit against the
city, alleging that the speed hump's faulty construction caused Grandon to crash the motorcycle. They
also sued Grandon, alleging that he was negligent in
losing control of the bike and in providing Molleda
with a novelty helmet, rather than an appropriate,
DOT:approved helmet.
The city settled for confidential amount, and the
case continued against Grandon. The plaintiffs later
amended their complaint to add the Canadian company that imported the helmet-Voss Distribution,
Inc.-and the local retailer that sold it, Lifestyle Custom Cycles. The plaintiffs alleged thar the helmet was
not DOT:approved, met no safety standards whatsoever, and offered no protection to riders. The plaintiffs
also alleged that Lifestyle Custom Cycles should not
have sold the helmet, which was totally inadequate
for
motorcycle use.
The plaintiffs were prepared to present language
from the distributor's website stating, ,,warning to reseller and or the end user: the Voss headwear on this
page has been designed for novelty purposes only.
Voss novelty headwear does
not meet safety standards
of any description . . . wear or use at your own riskl,,
The plaintiffs did not pursue claims against the
helmet's foreign manufacturer, and the distributor
had no assets or insurance.
. Molleda died of injury-related complications
about three and a half years after the incident, Survived by her husband, five adult children, and two minor grandchildren she and her husband had adopted.
Among other damages, her survivors claimed past
medical expenses of about $1 million and unspecified
past and [uture lost earnings.
The parties sertled for about $1.04 million. Lifestyle Custom Cycles paid its policy limits of $l million;
Grandon contributed his policy limits of $25,000 and
declared bankruptcy; and Voss paid $10,000. The settlement is in addition to the prior confidential settlement with the city.
Plaintiff counsel: Trevor M. euirk, Ventura, Calif.
33 PLrR APRIr/MAY 2014 I
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