Case details

Pedestrian claimed knee fracture after hit by turning taxi

SUMMARY

$300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
fracture, knee, tibial plateau
FACTS
On June 5, 2011, plaintiff Paul Leighton, 53, a night watchman, was walking north on Kearny Street in San Francisco. At approximately 5 p.m., while crossing the intersection of Sutter Street, Leighton was struck in the crosswalk by a taxicab operated by Mac Johnson, who was attempting a left turn from northbound Kearny Street onto westbound Sutter Street. Leighton claimed an injury to his left knee. Leighton sued Johnson; the medallion holder for the cab, Felipe Mei; and the cab company that issued the medallion to Mei, Yellowcab Cooperative Inc. He alleged that Johnson was negligent in the operation of his vehicle, and that Mei and Yellowcab were vicariously liable for his actions. Leighton contended that he entered the crosswalk on a white pedestrian light and that Johnson, in making a left turn at the intersection, failed to yield to pedestrian traffic. Johnson contended that he entered the intersection on a green light and that Leighton stepped off the curb on a red pedestrian light. Thus, defense counsel argued that Leighton’s negligence by crossing the street on a red light caused the accident and his ., Leighton was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained a comminuted fracture of the tibial plateau in his left knee. Leighton underwent open reduction and internal fixation surgery the following day, and remained in the hospital for roughly a week. He then followed up with four to five months of physical therapy. Leighton claimed he still experiences residual pain and discomfort in his left knee, which may require additional surgery or care. He missed three months of work following the accident and claimed that he is still prohibited from certain activities, like playing softball and exercising. Thus, Leighton claimed approximately $140,000 in past medical costs (for which the city and county of San Francisco claimed a lien) and sought recovery of approximately $15,000 in damages for his past lost earnings and damages for his past and future pain and suffering. Defense counsel did not dispute the severity of Leighton’s injury, but argued that his special damages, specifically the medical lien, were overstated by a substantial margin.
COURT
Superior Court of San Francisco County, San Francisco, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case