Case details
Pedestrian: Bus ran over foot, causing degloving injury
SUMMARY
$3500000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, fracture
FACTS
On March 19, 2010, at approximately 7 p.m., plaintiff Jenny Lopez, 28, a loan servicer, was walking across Vignes Street at the intersection of Cesar Chavez Boulevard, in the vicinity of Union Station in Los Angeles, when she was struck in the crosswalk by a Los Angeles County Metropolitan Transportation Authority bus, which was making a right turn from Cesar Chavez Boulevard onto Vignes Street. Lopez was subsequently knocked to the ground, and the bus ran over her left foot. Lopez sued the Los Angeles County Metropolitan Transportation Authority. She alleged that the bus operator was negligent in the operation of the bus and that the Transportation Authority was vicariously liable for the operator’s actions. Specifically, Lopez claimed that she entered the crosswalk on a green pedestrian light, and that the bus operator failed to yield to pedestrian traffic while making a right turn at the intersection. The Transportation Authority claimed that Lopez darted out into the crosswalk after the bus had started its right turn and, as such, the bus operator did not see the plaintiff as she turned right onto Vignes. Defense counsel contended that surveillance footage from the area showed that Lopez failed to push the pedestrian button before she entered the crosswalk and that Lopez also failed to look to her left, where she would have seen the approaching bus. Lopez countered that she did not dart out into the intersection and wasn’t required to push the pedestrian button since the light was already green. In addition, plaintiff’s counsel contended that the bus operator’s actions were negligent, which was supported by the Transportation Authority’s action of terminating the driver for gross negligence due to the accident., Lopez suffered a degloving injury of her left foot, resulting in the loss of skin, subcutaneous tissue, facia, muscle, bone and tendons. She was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. An X-ray of her foot further revealed a fracture of the medial malleolus, lacerations at the site of the Achilles tendon insertion and the dorsum, an inferior subluxation at the first metatarsophalangeal joint, and a dislocation of the second metatarsophalangeal joint. As a result, Lopez underwent an immediate debridement to remove the dead skin and muscle, and clean the large wound, which she described as being very painful. She also had wires placed within her big and second toes to relocate them in place. From April 2010 through June 2010, Lopez underwent multiple surgeries and debridements, in which muscle and skin were removed from her back and thigh, respectively, to reconstruct her left foot. The procedures left her with scars at all three surgical sites. Lopez then underwent an MRI in September 2010, which revealed increased signal intensity in the area of the myocutaneous flap, a Grade II strain of the anterial tibial tendon, a split tear through the posterior tibial tendon, complete tears of the superomedial aspect of the spring ligament and tibiocalcaneal ligaments, a sprain of the posterior deep deltoid ligament, bone spurs on the top of the foot, and out-of-place bones on the top of the foot. Lopez claimed her left foot is now severely scarred and significantly larger than her right foot, requiring special footwear. She also claimed the strains, sprains, tears, bone spurs, dislocations and nerve damage in her left foot still cause her chronic pain, and decreased mobility and range of motion. Lopez alleged that as a result, she walks with a limp, can no longer stand or walk for more than 15 minutes without pain, and is extremely limited in physical activity, including playing with her children. The plaintiff’s expert orthopedic surgeon recommended a triple arthrodesis to help correct Lopez’s gait and function, which he opined would improve Lopez’s condition, but not completely correct the issue. Following the accident, Lopez missed one year of work and claimed $25,000 in damages for her lost earnings. She also sought recovery of damages consisting of $355,075.13 in past medical costs, and $1,944,915.80 in future medical care that consists of additional surgery, physical therapy, pain management, psychological counseling, medical equipment, diagnostic testing and a possible nursing assistant. In addition, she sought recovery of damages for her past and future pain and suffering. Defense counsel did not dispute the severity of the plaintiff’s , but disputed the nature and extent of Lopez’s future care.
COURT
Superior Court of Los Angeles County, Central, 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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