Case details

Driver’s failure to wait for traffic caused accident, family claimed

SUMMARY

$525000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
chest, face, facial, fracture, leg, nose, rib
FACTS
On Sept. 22, 2010, at approximately 5:30 p.m., plaintiffs’ decedent, John Ortega, 52, a former union welder and pipefitter by trade who was working as a salesman, was crossing Alameda Street, just north of 20th Street in Los Angeles. Due to heavy traffic in both directions on Alameda Street, and due to the crosswalk being blocked by traffic, Ortega began to cross by walking in between vehicles that were stopped in traffic in the northbound lanes of Alameda Street until reaching the median lane in the center of Alameda Street. At the same time, Gerardo Arturo Lozano, an employee of the Consulate General of Mexico, was operating a van full of Consulate employees, but was stuck in traffic in the left most lane of northbound Alameda Street, waiting to turn left at the next intersection, at Washington Street. Lozano, tired of waiting in traffic, abruptly turned the van left into the median lane, more than 500 feet from the intersection, in order to beat the traffic. However, at that moment, Ortega was standing in the median lane a few car lengths ahead of the van. As a result, the van hit Ortega, causing multiple fractures and internal that ultimately lead to his death a year later. The decedent’s adult daughter, Adeline Munoz; mother, Juana Olmos; and minor daughter, Melissa Ortega, sued Lozano and the Consulate General of Mexico. The decedent’s family alleged that Lozano was negligent in the operation of the van and that the Consulate, as Lozano’s employer, was vicariously liable for Lozano’s actions. The matter proceeded to mediation. Plaintiffs’ counsel contended that Lozano drove over 500 feet in the median, instead of waiting for traffic to clear, in order to reach the left turn pocket. Counsel also contended that Lozano was in the course and scope of his employment with the Consulate at the time of the accident. Defense counsel contended that Ortega darted out into traffic and into the path of the van. Counsel further contended that Ortega should not have been standing in the median at the time of impact., John Ortega suffered massive internal bleeding, a collapsed lung, broken ribs and fractures to his pelvis, spine, femur and orbit. He was subsequently taken to Los Angeles County + University of Southern California (LAC+USC) Medical Center in Los Angeles, were he underwent multiple emergency procedures, such as an exploratory laparotomy, a splenectomy, a left tube thoracostomy, an exploration of a left retroperitoneal kidney hematoma, exploration of a small sac, packing with two laps in the left, upper quadrant, and placement of an ABThera wound V.A.C. On Sept. 26, 2010, Ortega underwent intramedullary nailing of the left femoral shaft, followed by extensive medical treatment. However, he incurred many serious infections, requiring procedures to clean out the infections on Oct 10, 2010, Oct. 14, 2010, and Oct. 24, 2010. He then spent the remaining year of his life in hospitals and convalescent homes, before ultimately passing away on Oct. 1, 2011, due to complications and infections from his . Ortega is survived by his adult daughter, his financially-dependent mother and his 8-year-old daughter. The decedent’s family sought recovery for wrongful death damages, including medical expenses Ortega incurred while in the hospital and the family’s loss of society. Defense counsel contended that Ortega repeatedly checked himself out of the hospital against medical advice, ultimately causing his infection to spread, which was the true cause of his death.
COURT
United States District Court, Central District, Los Angeles, CA

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