Case details

Bicyclist claimed foot drop developed after collision





Result type

Not present

nerve, neurological, reflex sympathetic
In February 2010, plaintiff Katelyn Cox, 24, an undergraduate student at California State University, Northridge, was riding her bicycle against traffic on a sidewalk near her college campus when she was struck by a vehicle that was turning into a parking lot. Cox subsequently sustained to her right foot. Cox sued the driver of the turning vehicle, Lowell Emerson, a senior citizen. Cox alleged that Emerson was negligent in the operation of his vehicle. Specifically, she claimed that Emerson negligently turned into the parking lot without yielding to her. Emerson claimed that the sun was in his eyes. Defense counsel also asserted that Cox was comparatively negligent, contending that she should not have been riding a bicycle on the sidewalk against the flow of traffic. Using the statute normally reserved for medical examinations of personal injury plaintiffs, Cox’s counsel moved to have a medical examination of Emerson to check whether his vision was sufficient to operate a vehicle. The motion was pending prior to the resolution of the case., Cox sustained to her leg and ankle, causing her to develop a foot drop on her right side. She also claimed she developed reflex sympathetic dystrophy syndrome, also known as complex regional pain syndrome or causalgia, a chronic pain condition. As a result, Cox wore an electrical device to raise her foot when she walked. Prior to the accident, Cox was riding a bicycle because her license had previously been revoked due to epileptic seizures. However, in the weeks before the collision, she had been cleared to regain her driver’s license. Cox had less than $200,000 in medical bills as a result of the collision. She was ultimately able to graduate from college during the pendency of the litigation.
Superior Court of Los Angeles County, Chatsworth, CA

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