Case details

Defense: Plaintiff ran out from between two parked vehicles





Result type

Not present

crush injury, cuboid foot, foot, fracture, heel, metatarsal foot
On Jan. 7, 2011, plaintiff Karl Safrans, 24, a paint technician at Kelly Moore Paints, was in the parking lot of a shopping center located at 1763 Santa Rita Road, at the intersection with Valley Avenue in Pleasanton. Safrans parked his truck across from a Walgreens and intended to cross the traffic aisle to go to the store, but his right foot was run over by a 2005 Toyota operated by Michael Aragon, who was heading north in the parking lot aisle, toward the Valley Street exit. Safrans subsequently sustained to his right foot. Safrans sued Aragon for motor vehicle negligence. Specifically, Safrans contended that Aragon was inattentive and driving too fast for parking lot conditions. Aragon contended that Safrans was inattentive, and walked out quickly from between his parked truck and another parked truck without looking for oncoming traffic., Safrans sustained a crush injury to his right foot, including fractures of the distal aspect of the fifth metatarsal and cuboid bone, as well as multiple injured nerves. He subsequently fell back against the rear of his truck and was assisted by patrons at the center until American Medical Response arrived. Safrans was out of work from Jan. 7, 2011, until March 24, 2011. He then returned to work on a limited capacity until April 23, 2011, when he was then let go because there were no limited duty jobs available. As a result, he remained out of work until March 24, 2013. Thus, Safrans sought recovery of $50,000 in past wage loss, as well as recovery of damages for his medical expenses and pain and suffering.
Superior Court of Alameda County, Oakland, CA

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