Case details

Driver’s unsafe turn caused collision, motorcyclist alleged





Result type

Not present

acetabulum, ankle, arm, brain, brain injury, chest, dental, distal fibula, elbow, face, fracture, fractured teeth, head, hip, internal bleeding, knee, nose, olecranon, rib, traumatic brain injury, wrist
On May 6, 2019, plaintiff Elleesa Chavez, 51, a clerk, was motorcycling on Julian Avenue, near its intersection at Lakeview Road, in Lakeside. As she proceeded through the intersection, she was struck by a pickup truck that was being driven by Elliott Stiasny, who was executing a left turn onto Julian Avenue, from Lakeview Road. Chavez suffered of an ankle, her chest, an elbow, her face, her head, a hip, a kidney, a knee, a leg and a wrist. Chavez sued Stiasny and Stiasny’s employer, the city of San Diego. The lawsuit alleged that Stiasny was negligent in the operation of his vehicle. The lawsuit further alleged that the city was liable because the accident occurred during Stiasny’s performance of his job’s duties. Plaintiff’s counsel contended that Stiasny ignored a stop sign that governed his entrance to the intersection. Chavez’s course was not governed by a traffic-control device. Stiasny claimed that he executed a full stop and checked both directions of cross traffic before entering the intersection. He claimed that Chavez suddenly appeared directly before him and could not have been avoided. However, the city did not contest liability., Chavez suffered near-complete amputation of her right leg and an injury of her brain with resultant bleeding. She also suffered open, compound fractures of the left ankle with comminuted fractures of the talus and a dislocation of the talar dome, as well as a distal fibular fracture. Chavez also suffered a fracture of her right elbow’s olecranon; a fracture of her right wrist’s ulnar styloid and distal radius; and severe fractures of her right pelvis and hip, including a right, closed acetabular fracture of the anterior and posterior wall, and a right, closed pubic ramus fracture. In addition, she suffered fractures of her ribs; tears of ligaments in her left knee; a laceration of a kidney; and fractures of teeth. Chavez was transported to a hospital. Her right leg could not be reconstructed, so an amputation was performed. She retains about half of the leg’s femur, and she utilizes a prosthesis. Chavez underwent a total of more than 20 surgeries and invasive procedures during the three months that followed the accident. Hardware was implanted in her right elbow, her right hip and her right wrist. She also underwent revisions of her amputation and the implantation of a clot-preventing filter. Chavez utilizes a wheelchair, though she can walk with the assistance of others. She claimed that she experiences “phantom pain” that seems to stem from the missing portion of her right leg. She claimed that she wants to work but cannot utilize a keyboard or endure prolonged periods in which she is seated or standing. She has not worked since the accident. Chavez also claimed that she may require fusion of her left ankle, surgical repair of her left knee and replacement of her right hip. Chavez sought recovery of past and future medical expenses, damages for past and future loss of earnings, and damages for past and future pain and suffering.
Superior Court of San Diego County, San Diego, CA

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