Case details

Collision aggravated prior tibial fracture, plaintiff alleged





Result type

Not present

aggravation of pre-existing condition, back, leg, lower back, lower left leg, neck, sprains, strains
On Nov. 14, 2011, at approximately 11:23 a.m., plaintiff Anthony Broussard, 38, a barber/beauty salon owner, was driving on Crestview Avenue, near the intersection with East Baseline Street in San Bernardino, when a utility truck operated by Manuel Chavez struck him. Broussard claimed to her lower left leg, neck, and lower back. Broussard sued Chavez and Housing Authority of the County of San Bernardino, Chavez’s employer and the owner of the truck. Broussard alleged that Chavez was negligent in the operation of his vehicle and that the Housing Authority was vicariously liable for Chavez’s actions through the course and scope of Chavez’s work with the Housing Authority. The county of San Bernardino was initially also named as a defendant, but it was voluntarily dismissed from the case. Broussard claimed that he was stopped for a red light on Crestview Avenue, at the intersection with East Baseline Street in San Bernardino, when he was rear-ended by Chavez’s utility truck. Chavez disputed Broussard’s account of the accident, claiming that both vehicles were backing out of driveways on opposite sides of Crestview Avenue when they struck each other. As such, he claimed that Broussard was comparatively at fault for the accident., After the accident, Broussard went to an emergency room. He claimed the accident aggravated a pre-existing tibial fracture in his left leg by damaging the steel rod hardware that was in place. Broussard also claimed soft-tissue strains and sprains of his neck and back, and initially treated with 13 months of physical therapy. He ultimately underwent surgery on his right leg in June 2013 in order to remove the hardware. Chavez claimed he still has some discomfort in his lower left leg, but does not currently seek any further treatment. However, he alleged the condition has affected his work as a barber, since he has difficulty standing for long periods. Thus, Chavez sought recovery of $46,411.38 in past medical costs, $4,000 in property damage, and $12,000 in past lost earnings for one month of missed work following accident and two months of missed work following his surgery. He also sought recovery of damages for his pain and suffering. The defense’s accident reconstruction expert opined that the accident was of such low impact that it could not have caused Broussard’s alleged injury.
Superior Court of San Bernardino County, San Bernardino, CA

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