Case details

Pedestrian claimed driver on cell phone caused accident




Mediated Settlement

Result type

Not present

body, brain, brain injury, chest, clavicle, fracture, head, rib, shoulder, subdural hematoma
On Oct. 10, 2012, plaintiff Cedomir Gusa, a retired 77 year old, was crossing 25th Street at the intersection with Patton Avenue, in San Pedro, when he was struck by a vehicle operated by Taylor Petty. Gusa sustained to his head and body. Gusa sued Petty, alleging that Petty was negligent in the operation of her vehicle. Specifically, Gusa contended that he was crossing the street in a marked crosswalk on a green light and that Petty was negligent for making an unsafe left hand onto 25th Street from Patton Avenue. Petty initially disputed liability and claimed comparative negligence. However, plaintiff’s counsel obtained a 9-1-1 first call tape that identified a witness that was not on the police report. The witness testified in deposition that Petty had her cell phone to her face at the time of her collision with Gusa. Petty denied using her cell phone at the time of the accident, but turned over cell phone records that showed that she was either texting or on her cell phone at or near the time of the collision. As a result, Petty ultimately admitted liability and to no comparative negligence., Gusa claimed he sustained head trauma, six fractured ribs, a partially collapsed lung, a left clavicle fracture, a left scapular fracture, and a right thumb fracture. He also suffered both a subdural and a subarachnoid hematoma. Gusa was taken to Harbor-UCLA Medical Center, inTorrance, but did not require any surgery. He ultimately treated with physical therapy and acupuncture. Gusa claimed that he continues to suffer memory-related problems, knee problems, and shoulder pain. He also claimed he is unable to walk long distances like he did before the accident. Gusa alleged that as a result, he will eventually require a knee replacement. Thus, Gusa sought recovery of $42,494 in paid and payable past medical expenses, and $130,000 in future medical expenses. He also sought recovery of punitive damages for Petty’s cell phone usage, but defense counsel’s motion to strike punitive damages was successful.
Superior Court of Los Angeles County, Los Angeles, CA

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