Case details

Occupants of SUV blamed ambulance for rear-ender

SUMMARY

$705802

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
herniated disc, neck
FACTS
On Jan. 14, 2007, plaintiff Hyang Kim, 70, a professional violinist, was driving a sport utility vehicle containing his wife, plaintiff Yugi Piao Kim, 43, a homemaker/dog groomer, who was in the front passenger seat, and her son, plaintiff Belius Kim, 12, who was seated in the rear, when they were struck by an ambulance. The Kims were on their way back home from a ski trip, traveling east on Route 2, located south of Wrightwood, and heading towards Highway 138, when Mr. Kim heard an approaching ambulance. He subsequently pulled over to the right and made a complete stop. However, he was only able get the vehicle slightly off-road. As a result, the ambulance, operated by Julio Ramirez, rear-ended the SUV, causing it to roll 20 feet off a cliff, which had a 70-degree incline. Mr. and Ms. Kim claimed spinal , as well as other , which Belius only sustained minor . The Kims sued Ramirez and the county of San Bernardino. They alleged Ramirez was negligent in the operation of his vehicle and that the county, as his employer, was vicariously liable for his actions. The county subsequently filed a cross-complaint against Mr. Kim for causing the accident. Ramirez was voluntarily dismissed from the case due to an immunity stipulation and Belius was dismissed from the case after failing to appear at trial. The matter proceeded to trial on Mr. and Ms. Kim’s claims against the county only, was well as on the county’s cross-claim against Mr. Kim. The Kims claimed that Ramirez’s ambulance was tailgating their SUV, as well as traveling too fast. They also claimed that the ambulance’s sights and sirens were not always on as it approached their vehicle, so Ramirez was not on a true emergency run. Plaintiffs’ counsel contended that there was no need for Ramirez to use his lights and sirens in the area since he should have been on a “Code 2,” an urgent response, but not life-threatening response, as opposed to a “Code 3,” which is a life-threatening response. Counsel noted that an ambulance can turn on its lights and sirens during a Code 2 in order to safely get through an intersection, but that this wasn’t the situation in this case. Defense counsel contended that, instead, Ramirez, upon instruction from his fellow emergency medical technician, advanced to Code 3 only to speed up and bypass traffic, which was an illegal use of lights and sirens, and a violation of state law. Thus, counsel argued that Ramirez was on a Code 2, which does not exempt the ambulance from various Vehicle Code sections. (In order to be exempt, lights and sirens have to be sounding at all times, as is the case with a Code 3.) Defense counsel also pointed to the testimony of Ramirez, who admitted to tailgating and speeding, and admitted that Mr. Kim wasn’t the cause of the accident. Defense counsel argued that Ramirez was on a true emergency run and was exempt from various Vehicle Code sections, such as speeding, per a Code 3. Defense counsel also argued that Mr. Kim failed to timely yield to an emergency vehicle, and that when he finally did so, he pulled over at an unsafe area, with no shoulder. Counsel contended that had Mr. Kim pulled over sooner, the SUV would not have gone over the cliff., Mrs. Kim was taken by ambulance from the scene of the accident and brought to an emergency room with suspected cerebral bleeding. However, Mr. Kim went home from the scene and treated with an orthopedist the following day. Once at the hospital, Mrs. Kim underwent MRIs and was diagnosed with soft-tissue to her neck, back and hips, predominantly to her right hip. She subsequently followed-up with roughly two years of physical therapy, chiropractic care, acupuncture and acupressure. After two years of treatment and recovery, Mrs. Kim claimed that her had resolved. She stated that she has since enlisted in the Marines. Mr. Kim also underwent MRIs, but he was diagnosed with herniated cervical discs at C3-4 and C4-5, as well as bilateral rotator cuff tears and bilateral torn menisci. He subsequently treated his conservatively with 1.5 years of physical therapy, chiropractic care, acupuncture and acupressure. Mr. Kim claimed his knees are in a deteriorating condition as a result of the torn menisci. He also claimed that he can no longer perform as a professional violinist due to his residual neck and shoulder pain. Thus, Mr. and Ms. Kim asked the jury to award them $1.2 million in total damages. Defense counsel argued that all of the plaintiffs’ were all pre-existing, and, at worst, they suffered from four-week exacerbations with no new serious from the accident in question. Thus, counsel argued that any need for future treatment or surgery by either plaintiff was based on their pre-existing .
COURT
Superior Court of San Bernardino County, Victorville, CA

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