Case details

Driver claimed child darted into street from between vehicles





Result type

Not present

emotional distress, fracture, leg, mental, psychological
On Aug. 10, 2006, at approximately 2 p.m., plaintiff Danny Jacinto, 4, was walking home from a nearby park in Los Angeles. As he attempted to cross the intersection of West Court Street and North Bixel Street, in Los Angeles, in an unmarked crosswalk, he was struck by a vehicle operated by Eve Sanger, who was traveling straight on West Court Street. Danny claimed to his left leg. Edgar Jacinto, acting as Danny’s guardian ad litem, sued Eve Sanger and her husband, Jonathan Sanger, the co-owner of the vehicle. Edgar Jacinto alleged that Mrs. Sanger was negligent in the operation of her vehicle and that Mr. Sanger was vicariously liable for his wife’s actions. Plaintiff’s counsel contended that Danny was traversing an unmarked crosswalk at an uncontrolled intersection and that Mrs. Sanger caused the accident by failing to yield to pedestrian traffic. Defense counsel conceded that Danny was struck by the front bumper of the Sanger vehicle, but argued that Danny darted into the street from between two parked vehicles. As such, Mrs. Sanger claimed she had no time to react or stop her vehicle in time. Defense counsel further argued that the not-for-profit company that owned the park that Danny was leaving failed to properly supervise the child., Danny suffered tibia and fibula fractures of his left leg, as well as road rash to the leg. He was subsequently taken by ambulance to an emergency room, where his left leg was casted. Danny also underwent surgical irrigation/debridement of the road rash on Aug. 11, 2006 and again on Aug. 16, 2006. He was ultimately hospitalized for 15 days and then followed up with a brief stint of physical therapy. Plaintiff’s counsel contended that Danny’s left leg had mostly healed and that he will only require minimal treatment in the future. However, counsel contended that Danny suffers from emotional distress as a result of the incident, requiring therapy for sleep deprivation. Thus, Danny sought $12,500 in past medical costs and $250,000 in damages for his pain and suffering. Defense counsel did not dispute the severity of Danny’s , but argued that Danny’s alleged medical bills should be slightly lower.
Superior Court of Los Angeles County, Los Angeles, CA

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