Case details

Pedestrian claimed city driver ran red light and jumped curb





Result type

Not present

anxiety, chest, depression, face, facial laceration, fracture, liver, mental, nose, psychological, rib
On Sept. 28, 2012, plaintiff Wanning Qian, 64, a massage therapist, was walking on the sidewalk of Franklin Street, in Oakland, when he was struck by a sewer truck operated by Frank Jones, who admittedly ran a red light at the intersection with 14th Street. Prior to the accident, Jones’ truck ran a red light and collided with a sport utility vehicle, which caused Jones’ truck to jump the curb and strike both Qian and another pedestrian, Linda Smith. Qian suffered to his chest and liver, as well as suffered lacerations and contusions to his face and a knee. Qian sued Jones’ employer and owner of the sewer truck, the city of Oakland. Qian alleged that Jones was negligent in the operation of the truck and that the city was vicariously liable for Jones’ actions. Smith filed a separate lawsuit against Jones and the city. Jones, through his deposition, admitted that he ran the red light., Qian sustained multiple rib fractures, resulting in pleural effusion. He also suffered a lacerated spleen, a contusion to a knee, and facial lacerations. Qian was subsequently taken to an Alameda County hospital, where he remained for a total of 29 days. During this time, the hospital had a hard time managing Qian’s pain, and he had to be restrained during intubation. Qian also underwent a surgery to repair his spleen and he remained intubated for 19 days. In December 2012, about three months after his release from the hospital, Qian returned to work as a certified massage therapist, but he was only able to return on a part-time basis. He claimed that he was unable to return to work full-time due to his continuing symptoms, mainly the pain to his upper torso when he exerted his upper body, likely due to the rib fractures. He also claimed he had trouble sleeping and was anxious when walking on the street due to the unexpected nature of the subject accident. Thus, Qian alleged that he was diagnosed with post-traumatic stress disorder, causing anxiety and depression for which he was prescribed medications that he took on a temporary basis. However, he claimed that he no longer takes these medications. According to the plaintiff’s orthopedic surgeon, Qian’s knee, though asymptomatic after recovery, will require a knee replacement at $135,000. Thus, Qian sought recovery of $471,000 in past medical expenses from his treatment at the county hospital, $135,000 in future medical expenses, $48,000 in past loss of earnings, and $40,000 to $50,000 in future loss of earnings, which was projected to be ongoing. He also sought recovery of damages for his pain and suffering.
Superior Court of Alameda County, Oakland, CA

Recommended Experts


Get a FREE consultation for your case