Case details

Child injured when city driver executed dangerous T-turn: suit





Result type

Not present

cognition, impairment, mental, psychological
On Nov. 17, 2011, minor plaintiff Luke Acuna, 9, a student, was riding his skateboard near Meade Avenue and Kansas Street in San Diego, on his way home from Garfield Elementary School, when he was struck by a garbage truck operated by Shaun Lee Bailey. Luke sustained to his head, pelvis, leg and body. Luke sued Bailey and Bailey’s employer, the city of San Diego. Plaintiff’s counsel initially contended that the city negligently entrusted the garbage truck to Bailey, who had more than a dozen traffic violations while working for the city. However, the negligent entrustment claim was ultimately dropped. Additionally, plaintiff’s counsel contended that Bailey made an illegal T-turn, which is a dangerous turn to execute, and that Bailey was negligent for attempting this turn near a school. Counsel also introduced a witness who claimed that Bailey was on his cell phone when he ran over Luke. Defense counsel contended that Luke caused the accident by riding his skateboard through the intersection without looking for traffic or stopping. Defense counsel noted that the plaintiff’s witness assumed the driver was on cell phone only because she saw him on the cell phone after the accident., Luke sustained a crushed pelvis with massive internal , including multiple to his organs, such as his urethra and prostate. He was subsequently taken to a hospital where his colon was removed and his left leg was amputated at the knee. Luke has undergone approximately 50 surgical procedures with many additional surgeries contemplated to alleviate hip contractures for a prosthesis fitting and restoration of tissue to his buttocks so that he can sit with less pain. An alternative urinary diversion procedure was also contemplated. Luke currently wears a suprapubic catheter for urination and he has a permanent colostomy. He also requires a left led prosthesis. He now attends therapy twice a week and is taken care of by his father. However, Luke is still continuing his education and since he was a young athlete before the accident, he now participates in archery and wheel-chair basketball. Plaintiff’s counsel contended that Luke has permanent brain damage with substantial cognitive impairment, which would require life-time 24/7 attendant care. Counsel also contended that Luke requires ongoing psychiatric counseling for both moderate-to-severe mental and emotional , and for physical pain. Plaintiff’s counsel further contended that it is unlikely that Luke will ever be able to sustain an erection and it is uncertain if Luke will be able to reproduce.
Superior Court of San Diego County, San Diego, CA

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