Elderly Driver Struck Bicyclist, Causing Fatal Head Injuries
On Sept. 6, 2006, plaintiff’s decedent Glenn Garvin, 49, an endodontist, was riding his bicycle in the bicycle lane on Westlake Boulevard near Cresthaven Drive in Thousand Oaks, when he was hit by a sedan driven by Norma Seigel. Garvin was fatally injured.Garvin’s widow and two minor sons sued Seigel, claiming that her negligence caused the accident.
Seigel, 82, was driving in the lane closest to the bicycle lane at the time of the accident. Witnesses to the event said they saw her swerve into the bicycle lane and crash into Garvin with enough force to cause him to be ejected from the bicycle, smash onto the windshield of the sedan, and be projected about 60 feet before his body hit the road.
Garvin, who was a volunteer traffic safety officer for the city of Thousand Oaks, was wearing his helmet. The bicycle lane had recently been painted and the road had been repaved and was well marked.
Seigel admitted liability for the accident.
Garvin suffered severe head injuries in the accident and was taken immediately to Los Robles Regional Medical Center, where he was pronounced dead.
At the time of his death, Garvin’s annual income as an endodontist was about $750,000. He was the primary provider for the family.
Garvin’s widow and sons, ages 12 and 16, stated that their family was extremely close. The plaintiffs claimed to have lost the moral advice and protection the children would have received if Garvin were alive.
The plaintiffs sought loss of support damages to be in the range of $5.5 million to $7.5 million and unspecified amounts for for their loss of care, comfort and society.
The jury found in favor of the plaintiffs, awarding them $12,513,440, including economic damages of $7,513,439 and noneconomic damages of $5,000,001.
After trial, the defendant stipulated to costs of $25,032.25, bringing the total verdict to $12,538,472.25.
The verdict was paid by Seigel’s insurer, Allstate.
Elder Son Garvin
$1,666,667 Personal Injury: Non-Economic Damages
Pamela Garvin
$7,513,439 Personal Injury: Economic Damages
$1,666,667 Personal Injury: Non-Economic Damages
$25,032 Personal Injury: Costs
Younger Son Garvin
$1,666,667 Personal Injury: Non-Econmic Damages