Case details

Pedestrian claimed driver failed to yield at marked crosswalk





Result type

Not present

ankle, distal fibula, fracture, fusion
On Dec. 10, 2015, plaintiff Eric Freeman, 23, a barista, was walking in a marked crosswalk at the intersection of Glendale Boulevard and Larga Avenue, in the Atwater Village section of Los Angeles. He claimed that his right foot was run over by a vehicle operated by Lee Chour. Freeman sued Chour. Freeman alleged that Chour was negligent in the operation of his vehicle. Plaintiff’s counsel contended that Chour was negligent for failing to see Freeman walking in a marked crosswalk and for failing to yield the right of way to a pedestrian. Defense counsel contended that there was no contact between Chour’s vehicle and Freeman’s foot., Freeman claimed that he sustained a minimally displaced fracture of his right fibula’s distal region, at the ankle, and that he may have sustained an injury of his right knee. He was immediately taken to a hospital, where he was treated and released. Freeman did not undergo surgery, and his fibula fracture healed non-operatively several weeks after the incident. However, he claimed his knee will require a diagnostic arthroscopy sometime in the future. Freeman did not claim any loss of earnings or past medical expenses. He only sought recovery for his future medical costs, and past and future pain and suffering. Defense counsel contended that Freeman twisted his own ankle due to his own negligence and that Freeman essentially sustained a sprained ankle and no knee injury. Counsel also contended that Freeman was 100 percent healed several weeks after the incident.
Superior Court of Los Angeles County, Van Nuys, CA

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