For the second time this year, the Los Angeles Superior Court declared a mistrial in an injury lawsuit filed by a Malibu woman in 2015 after she was hit by an alleged impaired driver while riding as a passenger on a motorcycle along Malibu Canyon Road, in Malibu, California. An LA judge, William MacLaughlin, made the pronouncement on Monday, March 16, following a jury summon.
The case was tabled before a Los Angeles Court about five years ago, after the traffic accident. The Plaintiff, 58-year-old Rosana Levine, was on a motorcycle with a male rider, Frank Ross Samuels, when the Defendant, Tia Jeri Hoberman, joined the Malibu Canyon Road from Harbour Vista Drive.
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Hoberman allegedly failed to yield the right of way as she made a left turn at the intersection. She struck the motorcycle as a result, and knocked down its occupants, causing them major injuries.
The female victim sustained multiple injuries to her leg and ankle, which required several rounds of surgeries. Post recovery, the injured woman was unable to work in her previous capacity, according to court documents.
In addition to her claims of lost faculties, Rosana alleged that Hoberman’s view was obstructed by an Edison light pole, positioned inappropriately, coupled with Malibu City’s carelessly designed intersection.
However, lawyers representing Southern California Edison and the City of Malibu asserted that the driver was distracted by her cell phone prior to the crash.
The plaintiff sued the motorist, Malibu City, and Edison for the near-deadly crash, while Samuels settled for an off-the-court settlement in 2018.