Case details

Pedestrian claimed motorist failed to yield right of way




Mediated Settlement

Result type

Not present

fracture, knee, leg, right leg, tibial plateau
On Feb. 24, 2011, at approximately 10:15 a.m., plaintiff Salvador Valtierra, 63, a disabled veteran, was walking along northbound Fair Avenue in Santa Cruz when she attempted to traverse a crosswalk at the intersection with Heath Street and was struck by a vehicle operated by William Burgener, who was traveling on eastbound Heath Street. Valtierra claimed to his right leg. Valtierra sued Burgener, alleging the defendant was negligent in the operation of his vehicle. Valtierra claimed that Burgener failed to yield the right of way to a pedestrian in a crosswalk and that Burgener was cited for this at the scene. Burgener claimed he stopped for a stop sign at the subject intersection and looked for southbound traffic on Fair Avenue before rolling through the intersection. However, an independent eyewitness at the scene related that she had a clear view of the incident and that Burgener did not stop at the stop sign., Valtierra suffered severe right leg that consisted of a comminuted fracture of both columns of his tibial plateau and a depression of the lateral femoral condyle between the two fibula condyles. He was subsequently taken by ambulance to an emergency room. Valtierra ultimately underwent two surgeries to correct the fracture on April 7, 2011 and a right leg fasciotomy on April 11, 2011. He also received physical therapy for roughly one year. Valtierra claimed he still deals with ongoing right leg pain, which causes him to use a cane on occasion while walking. He also claimed that he will eventually require a total knee replacement. Thus, Valtierra sought recovery of $224,000 in past medical costs and $49,000 in future medical costs, which includes the cost of a right knee replacement. He also sought recovery of damages for his pain and suffering.
Superior Court of Santa Cruz County, Santa Cruz, CA

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