Case details

Officer ran red light, causing intersection crash, plaintiff alleged

SUMMARY

$615000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, chest, fracture, neck, sternum, transverse process chest, transverse process neck, vertebra
FACTS
On Jan. 6, 2018, plaintiff Erlinda Barahona, 32, a hairstylist, was driving east on Geary Boulevard, near its intersection at Arguello Boulevard, in the city and county of San Francisco. While she was proceeding through the intersection, her car’s left side was struck by a police vehicle that was being driven by police officer Erik Mahler, who was traveling on the southbound side of Arguello Boulevard. Barahona suffered of her back, her chest, her neck and a shoulder. Barahona sued Maher and Maher’s employers, the city and county of San Francisco and the San Francisco Police Department. The lawsuit alleged that Maher was negligent in the operation of his vehicle. The lawsuit further alleged that the remaining defendants were vicariously liable for Maher’s actions. The San Francisco Police Department was ultimately removed from the case. Plaintiff’s counsel contended that Barahona had a green light when she entered the intersection and that Maher had a red light, but that Maher he failed to stop for the red light. Plaintiff’s counsel obtained video footage from a San Francisco municipal bus traveling on northbound Arguello Street and noted that the video showed that the traffic on Arguello Boulevard at the time of the collision had a red light., Barahona was taken by ambulance to the Zuckerberg San Francisco General Hospital and Trauma Center, in San Francisco, where she complained of neck pain. She was diagnosed with transverse process fractures of the spine at L1 and L2, a fracture to the manubrium of her sternum, and a torn rotator cuff to her right shoulder. Barahona underwent surgery on her right rotator cuff, and underwent physical therapy to treat her neck, back and shoulder pain post-surgery. Barahona missed approximately a year of work as a result of her and treatment. While she eventually able to return to work, she claimed she will require additional medical treatment. Barahona sought recovery of approximately $150,000 in past medical costs, approximately $75,000 in past lost wages and an unspecified amount for her future medical costs. She also sought recovery of damages for her past and future pain and suffering. Her husband, Saul Barahona, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of San Francisco County, San Francisco, CA

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