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  • Michigan Lawyers Weekly

    SUV exiting parking lot struck bicyclist

    By Michigan Lawyers Weekly Staff,

    15 days ago

    This was an automobile vs. bicyclist accident that happened in Farmington Hills on July 30, 2022. The defendant was exiting a parking lot in her SUV ready to turn right onto Grand River and struck the plaintiff cyclist, who alleged that she was on the sidewalk and momentarily went into the street to ride around pedestrians.

    The plaintiff broke her right leg (lateral tibial plateau fracture) and hit her head (diagnosed with head injury by the plaintiff's expert, Dr. Gerald Shiener). The plaintiff was not wearing a helmet.

    The plaintiff alleged that the defendant negligently failed to yield, while the defendant alleged that the plaintiff was negligent in that she was riding her bicycle erratically and in violation of statute.

    Abe Barlasker, counsel for the defendant, provided case information.

    Type of action: Auto negligence; auto vs bicyclist

    Injuries alleged: Lateral tibial plateau fracture, as well as injuries to head, right knee, hip, thigh and entire right leg

    Name of case: Dib v. Wilkerson

    Court/Case no./Date : Oakland County Circuit Court; 22-196137-NI; 04/03/2024

    Name of judge: Hon. James Alexander (visiting as Judge McMillen had another trial that was going on at the same time)

    Name of mediator: Hon. Amy Hathaway (retired)

    Demand: $350,000

    Highest offer: $35,000

    Verdict: No cause of action

    Most helpful expert: Dr. Gerald Shiener, psychiatry expert for the plaintiff

    Insurance carrier: MemberSelect Insurance Company (AAA)

    Attorney for defendant: Abe Barlaskar, Royal Oak

     

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