Case details

Pedestrian claimed bus crash caused need for back surgery





Result type

Not present

back, disc protrusion, lumbar
On Jan. 10, 2011, plaintiff Kevin Wong, 40, an information technology specialist, was crossing Beale and Market Streets in San Francisco when he was hit by a San Francisco Municipal Transportation Agency bus that was making a right turn. Wong suffered significant back . Wong sued the city and county of San Francisco and the bus driver, Ron Basconcillo. He alleged that Basconcillo was negligent in the operation of the bus, and that the city and county were vicariously liable for Basconcillo’s actions. Specifically, Wong claimed that Basconcillo caused the accident by being inattentive and failing to yield the right of way to a pedestrian. The defendants conceded liability, but claimed that Wong was comparatively at fault by failing to keep a proper lookout when crossing the street. In addition, defense counsel contended that Wong was wearing headphones and being inattentive while crossing., Following his release from an emergency hospital, Wong treated with a number of specialists for his neck and back . An MRI showed that Wong sustained a large, right paracentral and central lumbar disc protrusion at the L5-S1 level, with underlying probable S1 nerve displacement or compression, with the right side greater than the left. Wong subsequently underwent a laminotomy on the L5-S1 injury, as well as received epidural injections and physical therapy. At the time of the accident, Wong worked as an information technology specialist for a bank, but his doctors did not release him to return to work for over one year. Wong claimed that as a result, his job was no longer available by the time he was cleared to return to work. As of the time of settlement, Wong had substantially recovered from his and he was able to return to work elsewhere, but at a much lower salary. The defense’s orthopedic expert asserted that Wong’s laminotomy was unnecessary. Defense counsel also questioned the duration of Wong’s disability from employment.
Superior Court of City and County of San Francisco, San Francisco, CA

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