Case details

Pedestrian claimed driver in parking lot failed to see him





Result type

Not present

ankle, fracture, hip, sprain, strain elbow
On Sept. 9, 2011, at approximately 1 p.m., plaintiff Joseph Buley, 73, a retired civil engineer, was exiting a strip mall in Huntington Beach and walking to his car in the parking lot when he was struck by a pickup truck operated by James Moss. Buley claimed to right hip, ankle, wrist and elbow. Buley sued Moss and the owner of the pickup truck, Moss’ employer, I.D. Technology, LLC. Buley alleged that Moss was negligent in the operation of his vehicle and alleged that I.D. Technology was vicariously liable for his actions. Buley claimed that Moss was driving inattentively in the parking lot and failed to see him walking in the path of his vehicle. Plaintiff’s counsel presented an eyewitness who corroborated Buley’s account of the accident. Defense counsel contended that Buley was contributorily negligent in causing the accident by failing to use due care and look where he was walking in the parking lot., Buley fractured his right hip, sprained his right ankle, and suffered contusions and abrasions to his right, dominant elbow and wrist. He was subsequently driven home by Moss and then taken to an emergency room by his family. Within one day of the accident, Buley underwent open reduction and internal fixation of his right hip with the insertion of three pins. He was ultimately hospitalized for a total of three days. He then followed up with three months of physical therapy to treat his . Buley claimed that while his ankle injury has resolved, he still experiences residual stiffness and some pain in his right hip. He alleged he was completely prohibited from golfing, skiing, jogging and cycling during his six month recovery, and has only returned to golfing and cycling due to his permanent hip condition. Thus, Buley sought recovery of damages, including roughly $60,000 in past medical costs and an unspecified amount for his past and future pain and suffering. Defense counsel did not dispute the severity of Buley’s .
Superior Court of Orange County, Santa Ana, CA

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