Case details
Pedestrian claimed ongoing leg condition due to accident
SUMMARY
$500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, cervical, fracture, neck, strain
FACTS
On Nov. 10, 2010, at approximately 8 a.m., plaintiff Hui Lan Qiu, 37, a homemaker, was holding her 3-year-old daughter, plaintiff Ada Zhou, while walking on southbound 25th Avenue in San Francisco. As Qiu attempted to traverse a crosswalk at the intersection with Geary Boulevard, she was struck by a vehicle operated by George Ahrens, who was attempting a right turn from southbound 25th Avenue onto westbound Geary Boulevard. Qiu’s left ankle subsequently became pinned underneath Ahrens’ rear tire. Qiu, acting individually and as Ada’s guardian ad litem, sued Ahrens, alleging the defendant was negligent in the operation of his vehicle. Specifically, Qiu claimed that Ahrens was negligent for failing to yield to pedestrians in a crosswalk. On the first day scheduled for trial, Ahrens admitted liability for the accident., Qiu sustained a medial malleolus intra-articular fracture of her left ankle, as well as neck pain and abrasions to her lower, left leg. She was subsequently taken by ambulance to an emergency room, where her left foot was initially placed in a removable cast and she was prescribed Vicodin for pain. She later was given a walking boot for approximately six weeks. In December 2010, Qiu noticed increased swelling and discoloration of her left ankle. During a routine follow-up appointment on Feb. 8, 2012, Qiu was sent to the emergency room, where she underwent an ultrasound and was diagnosed with deep vein thrombosis. She was then placed on blood thinners, was prescribed compression stockings, and started treatment at an anticoagulation clinic. Qiu alleged that as a result of the deep vein thrombosis, she developed permanent moderate post-thrombotic syndrome. She claimed ongoing swelling in her lower, left extremity that developed every one or two hours, which required her to treat by elevating her leg. She also claimed that she requires the use of compression stockings on a daily basis, as well as regularly, yearly checkups. In addition, Qiu claimed she is now limited in household chores, which take longer than they used to, and that she had a small bout of post-traumatic stress disorder. Qiu underwent a functional capacity evaluation approximately two months before trial was scheduled. The plaintiff’s vocational rehabilitation expert opined that Qiu was “unemployable” as a result of her condition and need to frequently elevate her leg. The plaintiff’s expert economist projected that Qiu’s loss of earning capacity amounted to $514,146 and that Qiu’s loss of household services amounted to $171,879. Qiu’s stipulated medical costs amounted to $26,281.01. In addition, Qiu sought recovery for her future medical costs and sought recovery of damages for her pain and suffering. Ada suffered minor abrasions from the accident. She was subsequently brought to a hospital, where she was treated and released. Qiu’s husband, Jason Zhou, initial presented a derivative claim, seeking recovery for his alleged loss of consortium. However, his claim was ultimately dismissed. Defense counsel acknowledged the persisting post-thrombotic syndrome in Qiu’s left leg, but characterized the condition as “mild to moderate” with activity preclusion not as extensive as Qiu alleged. Defense counsel asserted that the loss-of-earning-capacity claim was exaggerated, as Qiu had not sought work since arriving in the United States about eight years before the accident. Counsel also asserted that Qiu was employable in sedentary positions with reasonable accommodation. Thus, the defense’s expert economist calculated a loss of past and future earning capacity in the range of $0 to $132,383.
COURT
On the first day scheduled for trial, Ahrens admitted liability for the accident., Qiu sustained a medial malleolus intra-articular fracture of her left ankle, as well as neck pain and abrasions to her lower, left leg
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