Case details

Pedestrian caused accident by jumping into lane, driver alleged





Result type

Not present

ankle, fracture
On May 21, 2010, at around 4:02 p.m., plaintiff David Deason, 20, a 7-Eleven worker, was walking with his friend in the westbound lane of Pringle Road, a two lane, rural farm road that heads to Deason’s residence in Galt. After, Karen Breitmaier turned her mother’s 1991 Chevy 1500 truck from McFarland Street, onto westbound Pringle Road, she immediately noticed Deason’s friend walking closest to the right shoulder and Deason walking in the center of the westbound lane. As Breitmaier attempted to pass them, the right front corner of her truck made contact with Deason’s left foot. As a result, Deason suffered serious to his left foot and had, and right ankle and knee. Deason sued Karen Breitmaier and the owner of her truck, Shirley Breitmaier. Deason alleged that Karen Breitmaier was negligent in the operation of the truck and that Shirley Breitmaier was vicariously liable for her daughter’s actions. Plaintiff’s counsel contended that Karen Breitmaier should have honked her horn and/or made her presence known prior to passing Deason and his friend. Counsel also contended that Karen Breitmaier was not fully within the eastbound lane when passing and that she was too close to the pedestrians, and that this was a substantial factor in causing the accident. In addition, plaintiff’s counsel contended that Karen Breitmaier was traveling too fast for the conditions. Karen Breitmaier claimed that she proceeded to change into the eastbound lane after she saw Deason in the middle of the road, but that as she was passing Deason, he inexplicably jumped toward her vehicle, causing the accident. Defense counsel noted that both Deason and his friend made statements at the scene about how Deason was attempting to “jump” into the eastbound lane in an attempt to avoid a passing vehicle in the westbound lane. However, counsel noted that Deason admitted that he never looked behind him before attempting to get out of the lane. Thus, defense counsel argued that Deason’s failure to look for traffic before stepping across, and then attempting to jump, into the eastbound lane was the sole cause of the accident., Deason sustained significant to his left foot, right ankle, right knee, and left hand. He was subsequently admitted to a hospital, where X-rays of the left foot showed a displaced 5th toe fracture, navicular and medial cuneiform fractures, and a midfoot subluxation. A CT scan of the left foot also revealed a fracture of the fifth proximal phalanx, and small fracture fragments at the base of the third, fourth and fifth metatarsals, as well as a potential small fracture fragment of the medial aspect of the middle cuneiform. Plaintiff’s counsel further presented evidence that there was a fracture at the lateral proximal aspect of the middle cuneiform and a fracture at the inferior aspect of the lateral cuneiform. In addition, small fractures of the anterior process of the calcaneus and a comminuted fracture at the medial aspect of the navicular bone were noted. The plaintiff’s podiatry expert testified that Deason ultimately sustained a fracture of the navicular bone, a fracture of the anterior process of the calcaneus, multiple midfoot fractures, and a fracture of the fifth proximal phalanx. In order to address the fractures and dislocation, Deason ultimately underwent a closed reduction, percutaneous pinning and irrigation of the foot in the early morning hours of May 22, 2010.
Superior Court of Sacramento County, Sacramento, CA

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