Case details
Defendant denied telling plaintiff to get on scooter
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
bruise, fracture, knee, leg, tibial plateau
FACTS
On Sept. 9, 2015, plaintiff Kelly O’Hara, 35, a waitress, and Manuel Guajardo arrived at the home of their friend, Jonathan Spees, to perform renovation. In order for O’Hara and Guajardo to get a work truck onto the driveway, they needed to move Spees’ motorized scooter. O’Hara got on the scooter in an attempt to ride it onto the street. She swerved and laid down the bike, causing an injury to her right leg. O’Hara sued Spees and Guajardo, alleging that they were negligent and that their negligence was the cause of the accident. Spees, who was not home at the time of the incident, was dismissed from the case prior to trial. O’Hara claimed that she told Guajardo that she had never been on a motorized scooter before, but that he told her to get onto the scooter anyway. Guajardo maintained that O’Hara decided on her own to get onto the scooter., Paramedics transported O’Hara to UCLA Medical Center, Santa Monica, where she was diagnosed with a Schatzker type VI, comminuted, articular fracture of the right leg’s proximal tibial plateau. She also had a bruise on her right leg and plantar fasciitis, which is a common cause of heel pain. O’Hara was admitted to the hospital and, the following day, she underwent surgery to attach an external fixator to her right leg. She remained hospitalized through Sept.14, 2015. She then underwent a second surgery on Sept. 25, 2015. That procedure included open reduction and internal fixation of the medial plateau fracture. It also involved the removal of the external fixator. O’Hara also required several months of physical therapy after the accident, as well as continued follow-ups and testing. She stopped treatment approximately six months after the incident. O’Hara missed some work after the accident. She claimed that she still has pain in her right foot and that her continued pain made it hard for her to exercise. She alleged that as a result, she will eventually require arthroscopic surgery and two knee replacements. O’Hara sought recovery of $209,467.05 in past medical expenses and $40,800 in past lost earnings. She also sought recovery of future medical expenses, and damages for her past and future pain and suffering. Defense counsel maintained that the reasonable value of O’Hara’s past medical services was just $42,000.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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