Case details

Man struck by police car, suffered disabling injuries

SUMMARY

$4250000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
acetabulum, brain, brain damage, brain injury, cerebral, clavicle, cognition, communicative impairment, edema, face, femur, fracture, head, hip, impairment, leg, mental, nose, psychological, sensory, shoulder, speech, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury
FACTS
In the early morning hours of Nov. 6, 2016, plaintiff Hiram Estrada, 32, a painter, was running across Louise Avenue, in Lathrop, when he was struck by a San Joaquin County patrol car. The vehicle was driven by Sheriff’s Deputy Jose Hernandez, who was responding to service calls about Estrada allegedly causing a disturbance in the neighborhood. Estrada sustained to his head, right leg, pelvis, right hip, left shoulder and face. Estrada’s brother, Alejandro Estrada, acting as Hiram Estrada’s guardian ad litem, sued Hernandez; Hernandez’s employer, San Joaquin County; and the roadway’s maintainer, the city of Lathrop. The lawsuit alleged that Hernandez was negligent in the operation of his vehicle and that the county was liable for Hernandez’s actions while in the course and scope of his employment. The lawsuit also alleged that the city was negligent for failing to properly maintain the roadway, creating a dangerous condition of public property. The direct defendants impleaded the maintainer of the lighting on the roadway, Pacific Gas & Electric Co. They alleged that PG&E was negligent in its maintenance of the lighting on the roadway. Alejandro Estrada then added PG&E as a direct defendant, alleging that PG&E was responsible for the improper lighting. After losing a motion for summary judgment, the city agreed to a $250,000 settlement in February 2019. PG&E filed for bankruptcy, and it was ultimately dismissed from the case so as to not delay a trial. Thus, the matter continued against Hernandez and the county. Plaintiff’s counsel contended that Hernandez was driving 5 miles above the 50-mph speed limit and that Hernandez drifted into Hiram Estrada’s path for unknown reasons. Defense counsel asserted that Estrada was wholly or partially at fault for darting into the road while intoxicated., Hiram Estrada suffered a left frontal subdural hematoma; an intracranial hemorrhage; a subarachnoid hemorrhage; and a cerebral edema with midline shift; and resultant brain damage. Estrada also sustained fractures of the right pubic ramus, acetabular wall, and left clavicle with displacement. In addition, he sustained a displaced fracture of the right femur; a comminuted, bilateral nasal fracture, ossification of the right hip and pulmonary contusions. Estrada was taken to a hospital, and he underwent 3.5 months of medical care. He was ultimately discharged from the Alta Bates Summit Medical Center’s Acute Rehabilitation Center, in Oakland. Estrada claimed that he suffers cognitive impairment, including communication and behavioral deficits. He claimed that he will no longer be able to work or drive and that he will eventually require full-time care 24 hours a day, seven days a week. Estrada had a fiancée, but she left him when she was unable to care for both Estrada and his two children. As a result, Estrada’s brother and sister-in-law have since taken responsibility for Estrada’s full-time care.
COURT
Superior Court of San Joaquin County, Stockton, CA

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