He didn't feel threatened by anything for the first 9 laps
...and the defense moves for an order of dismissal with prejudice on the basis of "informed acceptance of foreseeable risk".
There are some very poor quality judges out there. "Justice" is not as frequent an outcome of an obvious case as we would like to believe. California's 9th Circuit is notorious for deciding on the basis of "social justice" (what decision will advance the fight against sexism, racism, transgender phobia, immigrant hatred) rather than facts or law.

to turn left at speed, push forward on left handlebar
Learned to do that intuitively 50 years ago, no one believed me until I did it while cruising next to them: push left, wait 1 second, push right, end up parallel in the next lane over almost instantly.
Wrong with this picture: if they're not fairly well tuned in, they won't realize that reversing the process quickly is needed or you'll run out of road.


Boffin Emeritus