Case details
Pedestrian claimed passenger battered her, causing injuries
SUMMARY
$3910
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
aggravation of pre-existing condition, back
FACTS
On Sept. 30, 2011, plaintiff Ellen Reiter, 58, a paralegal, was attempting to cross California Street at the intersection at Van Ness Avenue, in San Francisco, when a Silver 2011 Chevy Cruz, operated by Ricky Vigil and heading westbound on California Street, approached her. Reiter screamed and braced herself as the vehicle attempted to make a sudden stop and then rolled into the crosswalk. However, the vehicle didn’t hit her. After the vehicle came to a complete stop, Monica Mullen exited the passenger side of Vigil’s vehicle and ran up behind Reiter. Mullen then pushed her in the back, causing Reiter to fall forward onto the sidewalk. Reiter claimed back from the incident. The entire incident was captured by a Wells Fargo surveillance camera. The San Francisco Police Department subsequently obtained the surveillance video and issued a warrant for Mullen’s arrest for battery. Reiter sued Vigil and Mullen. Reiter alleged that Mullen’s actions constituted assault and battery. She also alleged that Vigil was negligent in the operation of his vehicle and that he was liable for aiding and abetting Mullen’s battery. The matter proceeded to arbitration, which resulted in a $25,000 award to Reiter. The arbitration finding was jointly and severally against both Vigil and Mullen. The defendants rejected the arbitration award, and requested a trial de novo. At trial, Reiter claimed that she entered the crosswalk on a green light for her direction of travel. However, she claimed that Vigil barely stopped in time before immediately rolling into the crosswalk. Thus, she claimed that Vigil failed to yield to a pedestrian in a crosswalk who had the right of way. Additionally, Reiter claimed that after she was nearly hit by Vigil’s vehicle, Mullen came up behind her and battered her. Plaintiff’s counsel showed the Wells Fargo surveillance video to the jury. Vigil claimed that he was able to stop his vehicle outside of the crosswalk before hitting Reiter. However, he claimed that while he was stopped, Reiter reached into the passenger’s side window, pulled Mullen’s hair and attempted to walk away before Mullen exited the vehicle to follow her. Mullen admitted the surveillance video depicted her exiting Vigil’s waiting vehicle, walking up behind Reiter and pushing Reiter to the ground. However, she claimed that Reiter physically battered both her and the vehicle while she and Vigil were lawfully stopped outside of the crosswalk. Thus, Mullen contended that her battery was a continuation of the events that Reiter initiated., After the incident, Reiter presented to the Emergency Department at St. Francis Memorial Hospital in San Francisco. She attempted to treat conservatively with physical therapy exercises at home before seeing a pain management specialist and undergoing a lumbar spine MRI on Dec. 12, 2012. Reiter then consulted with a neurosurgeon who reviewed the MRI findings and diagnosed her with an L4-5 pedicle/posterior element stress reaction/edema and severe stenosis with narrowing at L4-S1. Thus, the neurosurgeon recommended a steroid epidural injection to the lumbar spine. Reiter claimed left-sided sciatica symptoms with pain and spasms radiating into the left leg reappeared and were due to the subject assault. She alleged that as a result, she had to miss several days of work and undergo 91 hours for medical appointments. Defense counsel denied Reiter’s were caused by the subject incident and, instead, argued that Reiter’s condition was degenerative in nature.
COURT
Superior Court of San Francisco County, San Francisco, CA
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