Case details
Defense claimed construction had nothing to do with collision
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
bowel, fractures femur, hiatal nia, liver, pancreas, pelvis, ribs, spleen
FACTS
On April 17, 2012, plaintiff Marcos Barreras-Martinez, 39, a part-time bicycle repairman, was riding his bicycle south along North Figueroa Street, toward the intersection with Sycamore Terrace in Los Angeles. At the time, there was road work taking place to repair sewerage pipes in the center of the two number one lanes of North Figueroa Street. As a result, traffic controls were set up to provide one lane of traffic for both northbound and southbound traffic during the construction. When Barreras-Martinez entered the intersection with Sycamore Terrace, he was struck by a Los Angeles Unified School District food delivery truck, which was proceeding south on North Figueroa Street and making a right turn onto Sycamore Terrace at the intersection. Barreras-Martinez and his bicycle were found underneath the truck. He claimed fractures of a femur, pelvis, and ribs, and to the spleen, liver, pancreas, and bowel, as a result of being run over by the truck. Barreras-Martinez sued the driver of the truck, Antonio Galicia; the owner of the truck, the Los Angeles Unified School District; Galicia’s employer, the city of Los Angeles; and the construction contractor, Tomovich & Associates. Barreras-Martinez alleged that Galicia was negligent in the operation of the food delivery truck and that the school district and city were vicariously liable for Galicia’s actions. Barreras-Martinez also alleged that Tomovich & Associates failed to use due care in connection with the construction project, creating a dangerous condition. The city was dismissed from the case, and Galicia and the Los Angeles Unified School District settled with Barreras-Martinez, prior to trial, for $350,000. Thus, the matter proceeded to trial against Tomovich & Associates only. Barreras-Martinez claimed that was riding on North Figueroa Street when he was struck by the Los Angeles Unified School District food delivery truck as it was making a right hand turn at the intersection with Sycamore Terrace. He alleged the truck dragged him and his bicycle through the intersection and into the crosswalk, whereupon the momentum of the truck caused him and his bicycle to slide under the truck and be run over. Plaintiff’s counsel argued that Tomovich & Associates’ failure to obtain an engineer-approved traffic control plan, caused or contributed to the collision. Counsel for Tomovich & Associates contended that traffic control was properly set up in accordance with the Work Area Traffic Control Handbook Manual and that it allowed more than sufficient travel-lane width for safe traffic. However, defense counsel argued that Barreras-Martinez was riding on the sidewalk along southbound North Figueroa Street at about 15 mph and that upon entering the roadway, Barreras-Martinez broadsided the right-turning truck that was in the crosswalk of Sycamore Terrace, where Tomovich & Associates did not have any construction work. Thus, counsel argued that Barreras-Martinez was to blame for the collision, as Barreras-Martinez was riding in the crosswalk and was inattentive, so he failed to see the turning truck. Counsel further argued that regardless of whether Galicia or Barreras-Martinez was to blame, the actions of Tomovich & Associates had nothing to do with the collision, as it occurred where Tomovich & Associates was not performing work., Barreras-Martinez sustained fractures of a femur, pelvis, and several ribs. He also sustained to his spleen, liver, pancreas, and bowel, as well as suffered a hiatal hernia. In addition, he went into hemorrhagic shock, also known as hypovolemic shock, a life-threatening condition that results from losing more than 20 percent of the body’s blood supply. Barreras-Martinez was subsequently placed in an ambulance and transported to Huntington Memorial Hospital, in Pasadena, where he was hospitalized for three months while in a coma. During that time, he underwent numerous medical treatments, including six surgeries, to treat his . Barreras-Martinez claimed that his residual is ongoing. Thus, he sought recovery of past and future medical expenses, as well as recovery of damages for his past and future pain and suffering. According to counsel for Tomovich & Associates, Barreras-Martinez’s past medical costs totaled $1.3 million, but that the Medi-Cal lien was in the amount of $137,000, so Barreras-Martinez could only recover $137,000 in past medical damages. Counsel also noted that Barreras-Martinez initially estimated that his future medical costs and pain-and-suffering damages totaled approximately $1 million. However, Tomovich & Associates’ counsel contended that Barreras-Martinez sought recovery of around $2.8 million in total damages.
COURT
Superior Court of Los Angeles County, Torrance, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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