Case details

Head-on collision caused leg and ankle fractures: plaintiff




Mediated Settlement

Result type

Not present

ankle, depression, fracture, leg, mental, psychological
At approximately 11:30 a.m. on Feb. 28, 2011, plaintiff Paulino Venancio, 37, a field worker, was driving his van on eastbound Herndon Avenue in Clovis when he collided head-on with a pickup truck operated by Daniel Foglio, who was traveling on westbound Herndon Avenue. Venancio claimed to his left leg and right ankle. Venancio sued Foglio and Foglio’s employers, the owners of the pickup truck, Wallace Idhe and Wallace Tire & Wheel. He alleged that Foglio was negligent in the operation of his vehicle, and that Idhe and Wallace Tire were vicariously liable for Foglio’s actions. Venancio claimed that Foglio crossed over into eastbound traffic on Herndon Avenue, into his path of travel, and struck his vehicle head-on at roughly 35 mph. Foglio claimed that Venancio crossed over into westbound traffic and caused the accident. Defense counsel further noted that Venancio did not have a California license at the time of the accident. The police report for the accident noted that the point of impact was in the eastbound lane, where Venancio was originally traveling. However, the defendants ultimately stipulated to liability., Venancio sustained fractures to his left femur and right ankle. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. The next day, Venancio underwent open reduction and internal fixation surgery on his left leg. He further underwent both external and internal fixation surgeries on his right ankle. He was wheelchair-bound for nine months following the accident, and subsequently underwent 24 sessions of physical therapy. Venancio claimed that he still experiences residual pain and permanent loss of range of motion in his left knee and right ankle. He claimed that he can never return to work as a field worker and that he is not trained for other vocations, other than manual labor. Venancio further claimed that he suffers from post-traumatic stress disorder and is now clinically depressed. Thus, Venancio sought recovery of damages, including $32,000 for past medical costs, $200,000 for future medical costs for further surgery. He also sought an unspecified amount of damages for his past and future loss of earnings, and past and future pain and suffering. In addition, his wife, Catarina, sought recovery of damages for her loss of consortium. Defense counsel contended that Mr. Venancio’s bones have healed, and that there is no need for future surgery or treatment. Counsel further contended that Mr. Venancio could return to work in a different form of manual labor, if not field work.
Superior Court of Fresno County, Clovis, CA

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