Case details

Intersection’s dangerous condition caused accident: pedestrians

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, coma, emotional distress, fracture, head, impairment, internal bleeding, leg, mental, psychological, skull, traumatic brain injury
FACTS
On the night of July 20, 2016, plaintiff Destany Molinar, 12, and her brother, Jimmy Molinar, 7, both students, were with their relatives at the intersection of Willow Avenue and Holland Avenue, in Clovis. As they were crossing Willow Avenue, which had no crosswalk, Destany was struck by a vehicle operated by Gabriel Ramirez. Destany sustained head , and Jimmy claimed psychological as a result of witnessing the accident. Destany and Jimmy, acting through their guardian ad litem, Veronica Molinar, sued Ramirez and the maintainer of the intersection, the city of Clovis. The lawsuit alleged that Ramirez was negligent in the operation of his vehicle and that the city was negligent for failing to properly repair and/or maintain the intersection, creating a dangerous condition of public property. Plaintiffs’ counsel contended that there were no crosswalks, pedestrian crossing signs or a pedestrian refuge at the subject intersection. Counsel also contended that there was inadequate lighting and that the southeast corner, where pedestrians were headed, was not completed. At the close of evidence, Ramirez agreed to settle with the plaintiffs and was dismissed from the case. The city’s counsel contended that the subject location was not dangerous when the general public used it with due care, but that Destany, Jimmy and the adults crossing with the children were negligent. Counsel also argued that Ramirez was negligent, and noted that there had been no other pedestrian accidents at the subject location., Destany sustained a skull fracture, bruised brain, brain bleed and mid-line shift, resulting in a traumatic brain injury that caused her to be in a coma. She also sustained a comminuted, displaced, angulated fracture of the right distal femur. Destany was immediately taken to Community Regional Medical Center, in Fresno, where she underwent a craniotomy and craniectomy. She remained hospitalized at Community Regional Medical Center from July 20, 2016 until Aug. 3, 2016. She was then transferred to Valley Children’s Hospital, in Madera, where she remained from Aug. 3, 2016 until Sept. 14, 2016. Destany’s father works for the BNSF Railway Co., so Destany’s medical bills were paid using his Employee Retirement Income Security Act of 1974 (ERISA) plan, which was through United Healthcare. It was stipulated that Destany’s past paid medical costs totaled $721,053.24. Destany suffers from permanent cognitive deficits and personality changes. She also suffers from left-sided hemiparesis, which causes her difficulty with walking and using her left hand. Plaintiffs’ counsel contended that Destany will require full-time care 24 hours a day and that her life care plan was estimated to total $8,964,523. Counsel also contended that Destany is a student by internet, but that she would not be able to work. Counsel contended that as a result, Destany’s lost wages would total $1,817,912. Jimmy, who was an elementary school student, claimed that he witnessed the incident. He brought a bystander claim, seeking recovery for his emotional distress and post-traumatic stress disorder. The parties disputed the amount of additional care that Destany required and over what period of time it was required. The city’s counsel argued that Destany would only require 15 to 24 hours of care a week, and presented a life care plan for Destany that totaled $1,722,618. The city’s counsel also argued that Destany would be able to work a high-school-diploma-equivalent, entry-level job and that her projected wage loss would only total $405,000 to $777,700.
COURT
Superior Court of Fresno County, Fresno, CA

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