Case details

Pedestrian claimed she was struck by reversing vehicle





Result type

Not present

chest, collarbone, elbow, fracture, rib, shoulder
On Aug. 7, 2017, plaintiff Dolores Hershock, 89, a Philadelphia resident, left the house of her son, whom she was visiting, to take a walk in the Lake Forest area. Hershock claimed that as she passed the next-door neighbor’s house, she was struck by a vehicle operated by Michael Rogan, who was backing out of his driveway. Hershock fell to the ground. She claimed that she sustained to her chest, left elbow and left shoulder. Hershock sued Rogan, alleging that Rogan was negligent in the operation of his vehicle. Hershock claimed that she was struck by Rogan’s reversing vehicle struck, causing her to be pushed into the street and fall. Rogan denied hitting Hershock with his vehicle. Instead, he claimed that he was reversing his vehicle out of the driveway when he paused to shut the garage and that while his vehicle was stopped, Hershock tripped and fell on the sidewalk. Defense counsel argued that Hershock fell because of her age, and because Hershock could not hear or see very well. The defense’s accident-reconstruction expert opined that Rogan’s vehicle did not strike Hershock on the sidewalk. Plaintiff’s counsel noted that the expert opined that because Rogan’s vehicle was shown in a photograph to be in the driveway, there was no way it could have struck Hershock on the sidewalk. However, plaintiff’s counsel argued that the expert recreated the accident using a photograph that was taken 30 minutes after the accident., Hershock sustained an olecranon fracture of her left, non-dominant elbow; a clavicle fracture to her left, nondominant shoulder and a rib fracture. Her granddaughter took her to a hospital later that day, where Hershock’s elbow was casted due to her age. She then underwent physical therapy for two months before returning home to Philadelphia. Hershock claimed that she suffers a loss of mobility in her left elbow and that it is not the same as it was before the accident. She also claimed that she suffers chronic pain in her elbow. Hershock sought recovery of damages for her past and future pain and suffering. Defense counsel conceded that Hershock sustained the fractures, but argued that Hershock healed within months of the accident. The defense’s expert orthopedic surgeon opined that Hershock would have no lasting effects from the .
Superior Court of Orange County, Orange, CA

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