Case details
Family claimed other vehicle’s wide turn caused collision
SUMMARY
$214000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
cervical, face, herniated disc, neck, nose
FACTS
On Dec. 17, 2015, plaintiff Sandra Hernandez was driving on B Street, near its intersection at Linden Street, in Hayward. Her children, plaintiffs Clarisse Hernandez, David Hernandez and Diego Hernandez, all minors, were passengers. While Sandra Hernandez was stopped in the roadway’s center lane, which was designated for left turns, one side of her vehicle was struck by a vehicle operated by Parveen Joshi, who was executing a right turn onto B Street, from Linden Street. Sandra Hernandez sustained of her neck; Clarisse sustained of her face; and David and Diego complained of pain after the accident that later resolved. The Hernandezes sued Joshi and Joshi’s employer, the city and county of San Francisco. The Hernandezes alleged that Joshi was negligent in the operation of his vehicle and that the city and county of San Francisco was vicariously liable for Joshi’s actions while in the course and scope of his employment. Plaintiffs’ counsel contended that Joshi made a wide right turn into the two-way, left turn lane, where the Hernandezes were stopped, in violated California Vehicle Code § 22107 and that the police found Joshi at fault for the accident. Joshi was ultimately dismissed from the case, and the matter continued against the city and county of San Francisco., The Hernandezes were all taken to a hospital following the accident. Diego and David complained of pain, but they claimed their ultimately resolved. Sandra Hernandez sustained a herniated cervical disc. She ultimately underwent a microdiscectomy and she was eventually able to return to work. However, she claimed she may possibly require future neck surgery. Clarisse was struck in her face during the collision. She claimed that as a result, she suffered breathing issues and changes to her voice. Sandra Hernandez sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Clarisse sought recovery of damages for her own past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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