Case details

Child claimed bus struck him in marked crosswalk




Mediated Settlement

Result type

Not present

arm, brain, brain damage, brain injury, closed head injury, emotional distress, fracture, head, mental, psychological
On Sept. 8, 2011, the plaintiff, a 7-year-old child, was with his mother and 10-year-old brother, crossing Williams Avenue at Third Street in a marked pedestrian crosswalk when he was struck by a paratransit bus, which was making a right turn on a red light from Williams Avenue onto Third Street. As a result, the 7-year-old child sustained internal , as well as to his head and arm. The mother and her two children sued the San Francisco paratransit company, alleging that it was liable to the negligence of its driver. Plaintiffs’ counsel contended that the 7-year-old child skipped from the corner with a pedestrian “WALK” signal while the bus was stopped at a red traffic signal, but that the bus driver made a right turn on a red traffic signal and struck the child in the marked pedestrian crosswalk. Defense counsel contended the child ran out in front of the moving bus. Counsel also contended that plaintiff’s mother, who was with the child, failed to properly supervise him, allowing him to cross in an unsafe manner., After the accident, the 7-year-old child was taken to a hospital, where it was determined that he had sustained internal bleeding, a lacerated kidney leading to a loss of function of one kidney, a closed head injury and a left arm fracture. Plaintiffs’ counsel contended the child also suffered a mild, residual traumatic brain injury as a result of the closed head injury. Plaintiffs’ counsel contended that the child had over $900,000 in medical specials and that Medi-Cal paid billings in error. However, medical liens were ultimately resolved for approximately $400,000. In addition, the 7-year-old child’s mother and 10-year-old brother sought recovery of damages for the infliction of emotional distress they suffered as a result of witnessing the accident. Defense counsel disputed the 7-year-old child’s alleged medical specials, contending that his medical specials were actually under $200,000 following the Medi-Cal payments.
Judicial Arbitration Mediation Services (JAMS), CA

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