Case details

Driver didn’t yield before turn, plaintiff alleged





Result type

Not present

face, facial, fracture, nose
On June 23, 2011, at approximately 11:30 a.m., plaintiff Jessica Donovan, 38, a staffing agent, was driving east on Alton Parkway in Irvine. As she entered the intersection with Armstrong Avenue, a vehicle operated by Charles Hedges attempted to make a left turn from westbound Alton Parkway onto southbound Armstrong Avenue. Donovan subsequently swerved and applied her brakes in an attempt to avoid the collision, but was unable to do so. The impact caused Donovan’s vehicle to run up a curb, slam into a nearby tree and deploy its airbags. Donovan claimed to her nose, and right eye, elbow and knee, as well as to the right side of her face. Donovan sued Hedges, alleging that the defendant was negligent in the operation of his vehicle. Specifically, Donovan contended that Hedges failed to yield to oncoming traffic at the subject intersection by making an improper left turn in front of her vehicle without checking for traffic on eastbound Alton Parkway. Hedges did not contest liability for the accident., Donovan was taken from the scene of the accident by ambulance and brought to an emergency room. She sustained fractures to her nose and right eye socket, as well as suffered abrasions to the right side of her face, right elbow and right knee. Donovan subsequently underwent open reduction and internal fixation of her right orbital floor, and closed reduction of her nasal fracture. She was then discharged from the hospital the following day. One year after the accident, Donovan underwent hardware removal surgery. Donovan did not seek any future medical care and made no claim for lost earnings. However, she claimed damages in excess of $84,000 for her past medical costs (of which less than $45,000 was paid by insurance), and sought additional damages for her past pain and suffering. Hedges’ insurance adjuster claimed that Donovan’s facial were caused by the plaintiff not wearing her seat belt at the time of the accident.
Matter not filed, CA

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