Case details

Bicyclist struck by truck suffered a traumatic brain injury





Result type

Not present

brain, traumatic brain injury
On Dec. 16, 2011, at approximately 9:30 a.m., plaintiff Stewart Krienke, an unemployed 63 year old, was riding his bicycle on Figueroa Street in Carson when he was struck by a large tractor-trailer that was making a left turn from Figueroa Street into a driveway at the Los Angeles County Sanitation District. Krienke sustained a major traumatic brain injury. Krienke sued the driver of the tractor-trailer and his employer. Krienke alleged that the driver was negligent in the operation of his vehicle and that, since the driver was in the course and scope of his employment at the time of the accident, the trucking company was vicariously liable for his actions. Krienke contended that he had the right of way, and that the defendant driver negligently turned into the driveway without stopping or ensuring that there was no oncoming traffic of any kind. The truck driver claimed that he did look for oncoming traffic before starting to make his left turn., Krienke was taken from the scene of the accident by ambulance and brought to an emergency room, where he was diagnosed with a major traumatic brain injury, consisting of multiple brain hemorrhages, contusions, hematomas and a midline shift to the right. He subsequently underwent a decompressive hemicraniectomy on the date of the accident, during which he had a tracheostomy and feeding tubes were inserted. Krienke was ultimately hospitalized for one month at Harbor-UCLA Medical Center in Torrance. After being discharged from the hospital, Krienke became an inpatient at a subacute care center. He can no longer speak, walk or care for himself, and is expected to remain at the subacute care center indefinitely. Krienke’s guardian sought recovery of $187,832 in Krienke’s past medical costs, $1,109,324 in Krienke’s future care costs, and an unspecified amount Krienke’s past and future pain and suffering. Defense counsel contended that Krienke was living on the street and had most likely suffered from a mental illness of some kind before the accident.
Superior Court of Los Angeles County, Compton, CA

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