Case details

Driver claimed plaintiff ran into street and struck side of car





Result type

Not present

left ankle
At around 7:30 a.m. on Jan. 26, 2015, plaintiff Michael Myers, 44, a garbage truck worker, was working on Harrison Street, in Oakland. As he entered the street near his parked garbage truck, he was allegedly struck by a 2001 BMW that was operated by Charlette Yankowitz. Myers claimed of the left ankle. Myers sued Yankowitz, alleging that Yankowitz was negligent in the operation of her vehicle. Plaintiff’s counsel contended that Myers was wearing his reflective, bright-colored uniform at the time, so Yankowitz should have seen Myers and stopped. Counsel also contended that the presence of the parked garbage truck with its illuminated hazard lights required Yankowitz to be alert and slow down, especially because the street was narrow. Thus, plaintiff’s counsel argued that Yankowitz was driving at an unsafe speed for the conditions and that Yankowitz should have been aware that a garbage truck worker could have been on the street. Yankowitz testified that Myers ran into the passenger side of her car. Defense counsel also called a witness who testified that Myers took a running start into the street., Due to a pre-trial stipulation, the trial addressed liability issues only. Thus, damages were not before the court. Myers fractured his left ankle and was immediately taken to a hospital. He ultimately underwent surgery, which included the installation of three screws into his ankle. Myers claimed he was incapacitated for six months and had to use a scooter for mobility. Thus, Myers sought recovery of $46,000 in past medical expenses, as well as a recovery of damages for his pain and suffering.
Superior Court of Alameda County, Oakland, CA

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