with Trial Attorneys Christopher Dolan and Kimberly Levy of the Dolan Law Firm, PC
Gonzalez v. Smith (San Francisco Superior Court Case No. CGC-20-582006) arose from a motor vehicle versus motorcycle collision caused by Defendant Luke Thomas Smith’s negligence which permanently injured, disabled, and disfigured Plaintiff Julian Gonzalez. Just after 5:30 p.m. on August 21, 2019, Defendant Smith executed a left turn from McAllister Street onto Larkin Street and crashed into Plaintiff Gonzalez who was riding his Harley-Davidson Road King straight through the intersection as part of through traffic. Gonzalez and his motorcycle went down and slid across the pavement. When Gonzalez came to rest, his left foot was severed at the ankle; his lower leg bones were crushed; and his foot was mangled; only a small amount of skin kept his foot attached. Gonzalez was rushed to San Francisco General Hospital (SFGH) where trauma surgeons performed a below knee amputation.
Toxicology results from SFGH showed amphetamine and methamphetamine in Gonzalez’ system. The traffic collision report placed Gonzalez at fault for the collision for alleged speeding. To make matters even more difficult, Gonzalez had been unemployed for the five years before the collision; had preexisting PTSD; and was on methadone maintenance therapy for heroin addiction.
Defendant’s theme was that Gonzalez was an unemployed drug addict who caused the collision when he drove recklessly and sped through the intersection on his motorcycle while high on methamphetamine. Because of the adverse police report and toxicology results, other attorneys declined to litigate his case. Chris Dolan found the case worthwhile. He and his colleague Kim Levy saw a path to keeping the toxicology and alleged impairment out of evidence: attacking chain of custody of the toxicology sample; hiring experts to dispute any impairment; and destroying the defendant’s experts at deposition.
Due to COVID concerns, the parties agreed to a bench trial with San Francisco Superior Court Judge Vedica Puri. The trial was held from May 23 through June 14, 2022. 10 witnesses testified in Plaintiff’s case; 7 witnesses testified for the defense, including the investigating police officer, Rodney Lane, who testified that he was an expert motorcyclist, and he had his own set of traffic safety rules for motorcyclists to follow – Gonzalez had failed to follow the book of Rodney Lane and therefore caused the collision.
After a long-fought battle, including exhausting law and motion practice both before and during trial, Judge Vedica Puri issued her decision awarding Plaintiff $11,789,316.00, a life-changing sum which will allow Gonzalez to obtain the care and treatment that he requires to live a more comfortable life, albeit now without his leg.
