Case details
Passenger: Paramedic failed to clear intersection prior to crash
SUMMARY
$540000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, concussion, head, neck, traumatic brain injury
FACTS
On Sept. 24, 2015, plaintiff Felipe Diaz, 40, was a passenger in a vehicle traveling on north Otis Avenue, in Bell, when his vehicle entered an intersection with Gage Avenue and was broadsided on the passenger side by an emergency vehicle operated by paramedic Raphael Raygoza, who was responding to an emergency call and had entered the intersection from westbound Gage Avenue. Diaz sustained to his head and neck. Diaz sued Raygoza and the entities that were believed to have employed Raygoza, the county of Los Angeles, the city of Los Angeles and Consolidated Fire Protection. Diaz alleged that Raygoza was negligent in the operation of his vehicle and that the county, the city and Consolidated Fire Protection were liable for Raygoza’s actions. Diaz’s counsel contended that Raygoza failed to operate his vehicle in a safe manner. Specifically, counsel maintained that Raygoza entered the intersection on a red traffic signal, turned at the intersection without clearing all of the lanes and deactivated his vehicle’s sirens prior to arriving at his destination. Defense counsel contended that Raygoza was responding to an emergency call and had the lights and sirens activated on his vehicle at the time of the crash., Diaz complained of back and neck pain at the scene. He was treated by paramedics and then transported to a hospital. Diaz claimed the crash caused a mild traumatic brain injury/concussion and a cervical spine injury. He ultimately received some epidural injections for his pain. Diaz claimed that he will not need any future care or surgery and that he was able to go back to his daily activities. As a result, he only sought recovery of past medical costs and damages for his past pain and suffering. Defense counsel noted that Diaz had previously been in a serious traffic collision on Jan. 24, 2014, during which Diaz sustained a bulging lumbar disc with surgical recommendations. As a result, counsel asserted that Diaz’s complaints of spinal pain was due to the prior collision.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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