Case details

Pedestrian claimed knee injury after struck by turning truck





Result type

Not present

back, knees, left foot, neck, pain, right shoulder
At around 9:30 a.m. on Dec. 6, 2011, plaintiff Maria Sanchez-Chavez, 17, a high school student, was crossing the street with her father, plaintiff Rigoberto Sanchez, at the intersection of North G Street and West Rialto Avenue, in San Bernardino. As they were walking in a marked crosswalk, a 2006 Ford F550 operated by Jose Chavez attempted to make a left turn and struck Maria, causing her to sustain to her neck, back, right shoulder, left foot, and both knees. Maria, through her father, sued Chavez and the owner of the truck, Chavez’s employer, the City of San Bernardino Municipal Water Department. Maria alleged that Chavez was negligent in the operation of the truck and that the City of San Bernardino Municipal Water Department was vicariously liable for Chavez’s actions while he was in the course and scope of his employment. Defense counsel contended that as Chavez turned into the crosswalk, his vision was blinded by the rising sun and that this, coupled with Maria walking in the shade of a building, rendered Maria invisible to Chavez. However, defense counsel argued that Maria was comparatively negligent for not seeing the oncoming truck when her father did and take actions to avoid being struck., Maria sustained a dislocation of her right knee’s patella. She also complained of pain to her neck, back, right shoulder, both knees, ribs, left toe, and buttocks. Maria was subsequently taken to the Emergency Department at Loma Linda University Medical Center, where she was treated and released. She underwent chiropractic treatment and physical therapy, and ultimately underwent arthroscopic surgery on her right knee in March 2012. Maria graduated from high school on time and entered training to become a medical assistant. However, she claimed that she is only a part-time medical assistant, as her knee injury prevents her from working on her feet for long periods of time. She also claimed that this disability would continue to be the case for the rest of her life. Thus, Maria sought recovery of approximately $63,885 in past medical costs. She also sought recovery for her future medical costs, and past and future loss of earnings. In addition, she sought recovery of damages for her past and future pain and suffering.
Superior Court of San Bernardino County, San Bernardino, CA

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