Case details

Kids struck in crosswalk blamed driver and roadway markings

SUMMARY

$80000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, back, brain, concussion, damage, dental, face, facial, fracture, fractured teeth, head, humerus, knee, lip, medial collateral ligament, neck, nose, transverse process, vertebra, wrist
FACTS
On Sept. 27, 2011, at approximately 7:50 a.m., plaintiffs Ruby A., 6, Chris M., 10, and Saira R., 16, were crossing Temple Street in a marked crosswalk on the eastern side of the intersection with LaVeta Terrace. As they were heading south across the across the street, they were struck by a vehicle operated by Odilia Hernandez Marroquin, who was traveling east on Temple Street. Ruby claimed facial and a concussion, Saira claimed to her right arm and both knees, and Chris claimed to his scalp and right wrist. The children’s mother, Avelina Macedo, who was acting individually and as guardian ad litem for Ruby, Chris and Saira, sued Marroquin and the believed maintainers of the roadway, the city of Los Angeles, the county of Los Angeles, and the State of California Department of Transportation. Macedo alleged that Marroquin was negligent in the operation of her vehicle. She also alleged that the city and county of Los Angeles and the state’s Department of Transportation failed to properly design and maintain the roadway, creating a dangerous condition of public property. Specifically, Macedo claimed that the roadway design was unsafe and that its markings were inadequate. Los Angeles County and Caltrans were dismissed from the action, as it was determined that they had no jurisdiction over the city-controlled intersection. In addition, Marroquin’s insurance carrier agreed, early in the case, to tender Marroquin’s $30,000 policy limits, which was accepted by the plaintiffs. Counsel for the city of Los Angeles filed a motion for summary judgment based on claims of design immunity and no dangerous condition existing. Counsel contended that the design of the intersection was approved by an engineer and, at the time of the accident, was in good condition with advance warning signs, pedestrian crossing signs and a high-visibility crosswalk. In addition, counsel contended that Marroquin stated that she did not see the children because the sun was in her eyes and that the children had crossed over three lanes of traffic before the accident. Thus, the city’s counsel asserted that Marroquin should have seen the children in the crosswalk and/or the children should have noticed that the car was not stopping., Ruby, Chris and Saira were taken by ambulance to an emergency room. Ruby sustained a nasal tip fracture, an upper lip laceration, a right medial orbital wall fracture, dental fractures, and a concussion. She subsequently underwent an open rhinoplasty and upper lip repair during her hospitalization. Plaintiffs’ counsel contended that Ruby is now left with a significant nasal deformity that encroaches upon the upper lip, as well as the premaxillary segment. Thus, Ruby sought $23,499.86 in past medical costs and an unspecified amount of general damages. Saira sustained a right proximal humerus fracture, a right knee tibial spine avulsion, a medial collateral ligament tear of the left knee, and a concussion. On Oct. 4, 2011, she underwent open reduction and internal fixation with the insertion of screws and a plate to treat a significantly displaced proximal humeral fracture of her right arm. Saira sought $76,728 in past medical costs and an unspecified amount of general damages. Chris suffered swelling of the soft-tissue near the left, frontal scalp. He also sustained a transverse fracture through the distal radius of his right wrist and abrasions to his left eyelid, right elbow, right knee and right ankle. Chris was discharged from the hospital on the date of the accident. He sought $1,519 in past medical costs and an unspecified amount of general damages. Counsel for the city of Los Angeles had not yet performed independent medical exams on the children by the time the case was resolved.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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