EL TOUR DE TUCSON ACCIDENT INJURY BICYCLE COLLISION
For nearly the past two years, I have had the privilege of representing Gary Stuebe and his family to recover damages for the serious injuries he sustained while he was competing in the 2008 El Tour de Tucson.?? The El Tour is a large, annual bicycle event, with approximately 9,000 cyclists participating in several events, one of which was the 110 mile race in which Gary Stuebe was participating.?? Gary was an avid cyclist, and this was his second El Tour.
Gary was racing at the 58 mile mark, in a pack of riders, on westbound Ina Road, approaching its intersection with Westward Look Drive, when a motorist made a left turn from eastbound Ina Road, into the race course.?? At the time, traffic at the intersection was controlled by an off-duty Pima County Sheriff Deputy.?? Before the collision, she changed the traffic light from its usual cycle to a continuous green on both east and west bound Ina Road.?? Additionally, because of another bicycle/auto collision further westbound on Ina Road at its intersection with Oracle Road, traffic was backed up into the intersection of Westward Look Drive and Ina Road. When she was in the middle of the intersection, because of the backed up traffic, the Deputy could not see the bicyclists approaching the intersection, who were racing entirely within a marked bicycle lane.?? Consequently, the Deputy had to move around in the intersection, to see the bicyclists, and control motor vehicle traffic.?? The Deputy was positioned near the bicycle lane when she saw the pack of riders approaching, and began to walk back to the middle of the intersection, when she was asked a question by a passenger in one of the stopped westbound motor vehicles near the intersection.?? The Deputy testified at deposition that she stopped for approximately 15 seconds to speak to the stopped motorist, with her back to the left turn lane, when the driver made his left turn from eastbound Ina Road onto the race course. Two motorists, who were stopped in traffic on westbound Ina Road, testified in deposition that, at the time of the collision, the Deputy was engaged in conversation with a passenger in one of the stopped cars, for at least a couple of minutes, and was leaning against the side of that vehicle, an allegation that the Deputy denied.
In Arizona, the law of comparative negligence applies to the facts of this case.?? This means that each Defendant is only responsible for his or her share of the negligence.?? We sued the driver who made the left turn for his negligence.?? After all, he made a left turn on a green light, and failed to yield to the oncoming bicyclists.?? We also sued the organizers of the El Tour, the Deputy, and the Pima County Sheriff, for their share of the negligence that caused or contributed to the collision.?? First, we alleged that the traffic plan for the El Tour was inadequate.?? One aspect of that inadequacy is that it left much to the discretion of the individual officer controlling the traffic intersection, and was vague and confusing.?? Second, we alleged that the Deputy fell below the standard of care??expected of a traffic control officer in her position.?? We alleged that she shouldn't have set the traffic lights for a continuous, never ending green light on east and westbound Ina Road.?? With the lights set on continuous green, left turners didn???t have the usual opportunity to turn left on yellow or red.?? The oncoming bicyclists never had to stop.?? Pedestrians didn???t have the opportunity to cross the street.?? Also, the Pima County Sheriff's own training manuals cautioned traffic officers not to speak to stopped motorists asking questions, because it is too dangerous.?? Finally, Arizona law prohibits motor vehicles from stopping or standing within intersections.?? The Deputy was asked why she allowed this to occur while she was assigned to control traffic, and answered she didn't know, and admitted the stopped traffic in the intersection impaired her view of the oncoming bicyclists in the race.
The case was vigorously defended.?? The Defendants argued about who the Deputy was working for at the time of the collision--the El Tour organizers or the Sheriff, or both.?? The defense alleged the collision was entirely the fault of the left turning driver, that the race plan was adequate, and that the Deputy did nothing wrong.?? Additionally, the defense argued that a release signed by Gary and all the other race participants barred them from collecting against the race organizers and the County.?? The defense also argued that the bicyclists should have been more careful, even though they were competing in a race, in a bike lane, approaching a green light, and travelling within the speed limit!?????? Each side had expert witnesses to support their cases.?? Gary had a traffic control engineer, a police officer standard of care expert, and a bicycle race expert testify on his behalf.
During the litigation, Gary and the other cyclists reached a confidential settlement with the left turning driver.?? After this settlement, the litigation continued with the remaining Defendants.?? Two and one-half weeks before trial, Gary was able to reach a settlement with the El Tour organizers, the Deputy and the Sheriff's office in the amount of the Three Million Five Hundred Thousand Dollars ($3,500,000.00.)?? This amount is to be paid entirely from insurance benefits purchased by the El Tour organizers and Pima County; no taxpayer funds were involved.?? This settlement was based on the percentage of fault attributable to the El Tour organizers, the Deputy and the Sheriff's Office.?? In our system, they are not responsible for Gary's total damages, only their fair share.
Gary was seriously injured in this collision.?? He suffered a severe, traumatic brain injury (TBI), and underwent two brain surgeries.?? He was in a coma for 40 days, and has undergone nearly two years of rehabilitation.?? Gary has received superb support from his family and his wife Angela.?? In a fortunate coincidence, Angela is employed as a neurosurgical nurse at the world renowned Barrow Neurological Institute, and immediately upon his injury, had Gary receive his surgery and treatment there.?? It is a miracle that Gary survived this collision, but the miracle happened because of the?? care and support of his wife and family, the superb care he received at Barrow, from his surgeon, Nicholas Theodore, M.D., and his rehabilitation at the Center for Transitional Neurorehabilitation (CTN), overseen by Christine Kwasnica, M.D. ?? I had the privilege of attending Gary's graduation from CTN; they are truly inspiring, caring and dedicated professionals.?? Gary's health care providers were also invaluable in lending their assistance to the litigation in this matter.
Gary is now living at home with Angela and his children.?? He is looking forward to returning to work.?? He has been able to return to the gym and start working out in the hope of regaining the top physical condition he was in at the time of the collision.?? While Gary has many challenges ahead because of his injuries, due to the settlements, Gary's financial future is secure. ??????Gary and Angela are truly remarkable people, and faced this tragedy with grace and determination.?? I'm proud to have been their lawyer, and I will always be their friend.
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$3.5 million settlement in Arizona bicycle injury accident receives national press attention
Posted by: Stephen Leshner
October 22, 2010
The settlement reached by Phoenix, Arizona lawyer Steve Leshner in the El Tour bicycle accident case was reported in many TV news and newspaper outlets, not just in Phoenix and Tucson, but nationally. The article by the Arizona Daily Star was the most comprehensive:
El Tour, county settle lawsuit over '08 crash
El Tour, county settle lawsuit over '08 crashPima County and the organizers of El Tour de Tucson have settled a lawsuit with a Surprise resident who was brain-damaged in a crash nearly two years ago. The settlement was for $3.5 million.
The agreement was reached during mediation last week and is expected to be presented to the Pima County Board of Supervisors for approval this morning, said Stephen Leshner, who represents Gary Stuebe.
Stuebe was riding in the bicycling event on Nov. 22, 2008, when William Wilson, then 91, turned north onto Westward Look Drive from West Ina Road and collided with 10 bike riders.
Stuebe, then 41, suffered a life-threatening brain injury, and four others suffered a variety of less-serious injuries.
Stuebe's wife and four of the injured bicyclists sued Wilson, the organizers of the race - Perimeter Bicycling Association of America - Sheriff Clarence Dupnik and Deputy Muriel McGillicuddy, who was providing traffic control at the scene.
All five of the plaintiffs settled their lawsuits with Wilson for a confidential sum several months ago, and four out of the five have now settled with the county. San Diego attorney and bicyclist Don English, who punctured a lung and broke seven bones, is scheduled to go to trial Nov. 2.
Taxpayers won't be directly responsible for the $3.5 million. Although the county normally pays the first $2 million of any judgment or claim settlement, the Perimeter Bicycling Association took out a $2 million policy on the event, which will cover the county's out-of-pocket obligation, said William Rubin, who helped represent the county. Insurance will cover the rest.
Leshner said it's miraculous that Stuebe is alive. He suffered damage to his frontal and temporal lobes, had portions of his brain removed and spent 40 days in a coma. He still suffers from epilepsy as a result of the crash.
Before the crash, Stuebe was a senior inventory analyst for PetSmart, but he will never be able to return to that job, Leshner said.
"Gary has a lot of challenges, but the settlements give him a secure financial future," Leshner said.
Despite the settlements, Leshner said Stuebe is determined to work again and is considering a job offer to sack groceries.
Wilson fled the scene and hired attorney Michael Bloom, who provided Wilson's name to authorities two days later.
He pleaded guilty to attempted leaving the scene of an accident and was placed on three years' probation in June 2009.
Bloom said at the time of his sentencing that Wilson left only because he was frightened by angry bicyclists who had gathered around his car and yelled at him.
According to Bloom and the plaintiffs, Deputy McGillicuddy manually adjusted the lights on Ina Road so that traffic going both ways had a green light. Twenty minutes before the crash, the deputy also removed a cone intended to prevent eastbound traffic from turning north onto Westward Look Drive.
One of the issues being litigated before last week's settlement was for whom McGillicuddy was working - the county or the bicycle association.
Bloom said that when Wilson turned north onto Westward Look, he could not see the bicyclists because his vision was obstructed by vegetation in the median and by two lanes of cars that were backed up as a result of a crash farther up westbound Ina Road.
At the time of his sentencing, Wilson was living in an assisted-living center in Georgia. In Pima County Superior Court, Judge Richard Nichols forbade him to drive, although he already had surrendered his license.
Topics
ALLSTATE LEADS LIST OF TEN WORST INSURANCE COMPANIES
EL TOUR DE TUCSON ACCIDENT INJURY BICYCLE COLLISION
MEDICAL MALPRACTICE CLAIMS
NATIONAL VACCINE INJURY COMPENSATION PROGRAM
PERSONAL INJURY LAW
PHOENIX PERSONAL INJURY ATTORNEY STEVE LESHNER IS NAMED A ARIZONA "SUPER LAWYER"
PRODUCT LIABILITY
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