Civil Case (Tel Aviv) 2217-08-22 Anonymous v. Liran Otniel

Judgment

This lawsuit concerns an incident of riding a motorcycle on a cattle crossing, and the dispute as to whether a jump occurred during the crossing that caused injury to the plaintiff's back, so that there is a factual causal connection that classifies the incident as a road accident.

Summary of the facts and the parties' arguments

1. On April 19, 2018, Independence Day, the plaintiff and the defendant went on a trip to Mitzpe Gilboa towards noon, in order to observe the Independence Day flyover. The defendant drove a motorcycle he owned, a 125 cc Sun Yang model 8682784 (hereinafter: "the motorcycle"), and mounted the plaintiff on the back seat.

During their journey, the two passed a cattle grid - an engineering obstacle on a section of road composed of horizontal metal bars, the spaces between which are intended to prevent the passage of sheep and cattle, and serve as an obstacle in grazing areas.

The ride on the cattle preventative crossing combined with the road asphalt was not a smooth ride.  However, while the defendant claims that it was a "vibration" or "tremor" of the motorcycle, the plaintiff claims that during the passage there was a real jump in the air, which caused her buttocks to rise in the air and land with strong force on the back seat of the motorcycle, thus causing her significant injury to her lower back (hereinafter: "the incident").

2. Therefore, the dispute between the parties relates to the classification of the incident of the ride on the cattle crossing as a "road accident" as a result of which the plaintiff suffered bodily injuries, and the question of the causal connection between the trip and the disability and limitations from which the plaintiff suffers.
3. A few days after the incident, on April 27, 2018, the plaintiff went to an emergency call center for medical treatment, and complained of severe pain in her lower back and radiation to her left leg. She was examined and treated with injections and then discharged to her home for further treatment in the community.

The plaintiff again complained of pain and limitations in her lower back, and was referred for imaging tests and physiotherapy treatment, as well as treatment with painkillers.  In addition, the plaintiff complained of mental difficulty following the incident and the pain she was suffering from due to the injury, and was referred for treatment.

4. Due to the bodily injuries she sustained in the incident, the plaintiff filed the claim under the Road Accident Victims Compensation Law, 5735-1975 (hereinafter: the "Compensation Law"). The lawsuit was filed against the defendant, who drove the motorcycle he owned, as well as against defendant 2 - "Karnit - a fund for compensation for road accident victims" (hereinafter: "Karnit"), after it became clear that the motorcycle was not insured by compulsory vehicle insurance.  Karnit filed a notice to a third party against defendant 1 (hereinafter: "the defendant"), as he was the driver and owner of the motorcycle.

In the first stage, the plaintiff filed her claim against Karnit in the framework of the TA.  39697-03-19, and on behalf of Karnit, a notice was filed to a third party against the defendant (hereinafter: the "Previous Proceeding").  In this proceeding, experts were appointed by the court in the field of orthopedics and in the field of otolaryngology (due to hearing problems).  After submitting damage calculations and receiving a settlement proposal, it was claimed on behalf of the plaintiff that her overall medical condition and the injuries she suffers from had not yet been formed, and therefore she requested that the claim be terminated.