Case details

Golf cart driver claimed motorist failed to yield at intersection





Result type

Not present

head, pain
At around 1 p.m. on May 21, 2015, plaintiff Harry Sherman, a retired 88 year old, was driving his golf cart on Golden Rain Road, in Walnut Creek. As he approached a controlled intersection with Tice Creek Drive, he entered a lane to make a left turn, came to a stop, and then continued to proceed with his left turn after determining the roadway was clear and safe to proceed. However, as he began his turn, Sherman’s golf cart was broadsided on the right side by a 2007 Toyota Corolla operated by Mary Louise McEnroe. The impact pushed the golf cart approximately 50 feet through the intersection, and Sherman sustained to his head. Sherman sued McEnroe, alleging that McEnroe was negligent in the operation of her vehicle. Sherman contended that McEnroe failed to heed to traffic signs or road markings that required her to stop at the intersection. Thus, he contended that McEnroe ran a stop sign and caused the collision. Thus, Sherman’s counsel asserted that McEnroe violated Vehicle Code §§ 21800(a) and 22450(a) et seq. McEnroe did not contest liability., Sherman was transported by ambulance to Kaiser Permanente Walnut Creek Medical Center, in Walnut Creek, where he was treated in the Intensive Care Unit. Sherman was diagnosed with a subdural hematoma, which required two days of care in the ICU. Sherman sought recovery of $41,548 in past medical costs, $5,000 in property damage to his golf cart, and an unspecified amount for his pain and suffering.
Superior Court of Contra Costa County, Contra Costa, CA

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