Case details

Pedestrian alleged disabling injuries after struck by vehicle

SUMMARY

$2121863

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
ankle, brain, chest, cognition, coma, face, fracture, impairment, leg, mental, nerve damage, neurological, neuropathy, nose, psychological, rib, sensory, speech, subarachnoid hemorrhage, traumatic brain injury, vision
FACTS
On June 1, 2009, plaintiff Edia Cordero, 33, a housekeeper, was seated on a bus bench, waiting to be picked up to go home, at the intersection of Tyrone Avenue and Vanowen Street in Van Nuys. At approximately 4:35 p.m., a vehicle operated by Berj Bernard Gabrielyan, which was traveling east on Vanowen Street, crossed over onto the sidewalk and struck Cordero. The accident caused multiple brain and bodily that allegedly rendered Cordero almost completely disabled. Cordero and Roxana Aracelli Garcia, another pedestrian injured in the accident, sued Gabrielyan. Cordero and Garcia alleged that Gabrielyan was negligent in the operation of his vehicle. Gabrielyan passed away in November 2011 and was replaced in the action by the estate of Berj Bernard Gabrielyan and Sirvart Gabrielyan, as Administrator and Personal Representative of the estate. Garcia, who suffered a fractured knee, settled out of the case early for $100,000. The estate admitted that Gabrielyan was negligent, and the matter proceeded to a trial on damages., Cordero sustained multiple , including fractures to her nasal bone, ribs, pelvis (in four different places), left femur, left medial malleolus/ankle, right sacrum, and left superior and inferior pubic ramus. She also suffered a subarachnoid hemorrhage and right subarachnoid hematoma, a collapsed lung, and multiple bruises and contusions to her body. Cordero was subsequently taken by ambulance to an emergency room, where she remained in a coma for approximately three weeks. On the date of the accident, Cordero underwent a procedure for a triple lumen catheter. The following day, she underwent surgery on both her left hip and left ankle. On June 12, 2009, she underwent a surgery for the placement of an inferior vena cava filter to treat a venous thrombus involving her left common femoral vein. Cordero was ultimately released from the hospital on June 25, 2009. She then spent the following two months at San Fernando Post Acute Hospital to recuperate from her . The trauma to her head resulted in a traumatic brain injury with associated cognitive problems and blurry vision, as well as nerve damage and weakness involving her right leg. Cordero claimed the nerve damage causes persistent weakness and atrophy. As a result, she now permanently uses a walker, which causes bilateral wrist pain that may develop into carpal tunnel syndrome. She also claimed permanent residual scars at her left hip and left ankle from surgery. Cordero continues to take anti-inflammatory medication, as well as anti-depression medication. According to the plaintiff’s physical rehabilitation expert, Cordero now requires a caregiver 10 years earlier than she normally would have. Cordero claimed she was active before the accident, but can no longer ride her bicycle, go dancing, or walk for long distances. Cordero sought recovery of $483,695.55 in past medical costs and $600,000 in future medical costs for her caregiver and checkups. She also sought recovery of $500,000 in damages for her past pain and suffering, and in excess of $5 million in damages for her future pain and suffering. She did not make a claim for lost earnings. Defense counsel contended that Cordero’s claim for future damages was speculative, and that Cordero could not provide any evidence of her care from the time she left the Post Acute Hospital to the present. Defense counsel noted that in October 2012, Cordero signed a document, under penalty of perjury, stating that her claim against the estate was $1 million. Thus, counsel used the document to impeach Cordero as a prior inconsistent statement.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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