Case details

Passenger grabbed wheel of speeding driver, causing crash: suit





Result type

Not present

glenoid labrum, separation, shoulder, tear
At around 2 a.m. on Jan. 26, 2013, plaintiff Jason Guastucci, 35, a bartender and artist, was the right, rear seat passenger in a 1984 BMW 323E, which was owned and operated by Kirk Zuraek. Jordyn Beebe was seated in the right front passenger seat. As they were traveling approximately 70 to 80 mph on southbound Interstate 280, also known as Southern Freeway or John F. Foran Freeway, in San Francisco, Zuraek took his hands off the steering wheel and held it with his right knee. As a result, Beebe began to argue with Zuraek about Zuraek’s driving. When they were near the Ocean Avenue exit, Beebe, who was intoxicated, reached over, grabbed the steering wheel, and turned it to the right, causing the vehicle to leave its lane of travel. The BMW spun out of control, came into contact with a concrete barrier at the Ocean Avenue exit, flipped onto its roof, and slid 50 to 100 feet before coming to a stop at the gore point of the Ocean Avenue exit. Guastucci claimed to his right shoulder. Guastucci sued Zuraek and Beebe, alleging that Zuraek was negligent in the operation of the vehicle and that Beebe was negligent for grabbing the wheel. Zuraek claimed the accident was 100 percent Beebe’s fault, while Beebe claimed the accident was 100 percent Zuraek’s fault., Guastucci sought treatment at Access Health on Feb. 19, 2013. Shoulder X-rays taken on March 7, 2013 revealed a chip fracture. Guastucci then underwent an MRI of the right, dominant shoulder on March 25, 2013. It revealed diastasis of the acromioclavicular joint with a partial tear, an acromioclavicular joint separation, and a superior labral tear from anterior to posterior (SLAP tear). Physical therapy was recommended, but Guastucci chose to try to deal with the pain because he felt that physical therapy would not help. He ultimately underwent arthroscopic surgery on Aug. 25, 2015. Guastucci claimed that despite surgery, he suffers limitations in his right shoulder. He alleged that as a result, he could no longer bartend. Thus, Guastucci sought recovery of $101,925.47 in past medical costs, an unspecified amount of future medical costs, an unspecified amount of past and future lost wages, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel disputed causation and disputed the claim that Guastucci could no longer bartend.
Superior Court of San Francisco County, San Francisco, CA

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