Case details

Crossing guard struck by car claimed serious injuries





Result type

Not present

lower back, right knee, right sacroiliac joint, right thigh
On March 15, 2011, plaintiff Marie Dipilla, 81, a school crossing guard, was on duty on La Cresta Avenue, at its intersection with Chula Vista Street in Dana Point, when she was struck by a 1984 Toyota Supra operated by Yadir Ramirez, who was travelling on La Cresta Avenue. Dipilla was wearing a yellow crossing guard jacket, standing in a crosswalk and holding up her handheld stop sign as she attempted to clear the roadway for some small children who were about to cross when Ramirez’s right, front fender struck her, causing her to fall and land on her right side. She claimed to her lower back, right sacroiliac joint, right thigh, and right knee. Dipilla sued Ramirez, alleging the defendant was negligent in the operation of the Toyota Supra. Dipilla also alleged that Ramirez violated California Vehicle Code § 2815, for disregarding the stop signal of a crossing guard in uniform., Dipilla sustained lumbar disc herniations, and serious of her right hip’s sacroiliac joint, right thigh, and right knee. She was subsequently taken to Mission Hospital in Laguna Beach and then followed up with physical therapy. Dipilla also presented to a neurosurgeon/pain management physician for cortisone/steroid injections to her lower back, right sacroiliac joint, right hip bursa, and right knee. Dipilla claimed she is disabled from working as a school crossing guard. Thus, she sought recovery of $92,678.81 in total billed medical costs, $38,5797.11 in estimated future medical costs, and $22,203.34 in past lost wages. Defense counsel contended that Dipilla overtreated her and that there was excessive billing.
Superior Court of Orange County, Orange, CA

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