Motorcyclists changes lanes through gore point and loses control of motorcycle
PERSONAL INJURY - Dangerous Condition of Public Property

Plaintiff Robert Bell was operating his motorcycle without liability coverage on the I-580 when he changed lanes through the gore point between the #4 lane and eastbound onramp from Coolidge Avenue in Oakland, CA.  Defendant contended that this unsafe lane change was a violation of the Cal. Veh. Code and that plaintiff bore sole responsibility for causing his accident.  Plaintiff contended that it was foreseeable the gore area on the approach to the bridge abutment would be traversed by motor vehicles, including motorcycles, due to the short nature of the auxiliary lane.  Plaintiff further contended that when used in a foreseeable manner, the gore area with its deep depression created a dangerous condition and an unnecessary risk of injury to motorcyclists using due care.  Defendant disputed the dangerousness of the condition. 

Mr. Bell was caused to lose control of his motorcycle and suffered (a.) Traumatic brain injury with diffuse axonal injury, intraparenchymal; hematoma, intracranial hemorrhage with loss of consciousness, GCS 10 en route; (b.) Type 3 AC joint separation on the left with complete tear of the supraspinatus tendon with retraction, full thickness partial tear of the subscapularis tendon; complete proximal tear of the long head of the biceps tendon on MRI 11/11/2020; and (c.) Left hip hematoma/edema; and (d.) Small medial malleolar avulsion deformity.  Total past medical bills amounted to $95,000.  Defendant disputed the need for future medical care.