Case details

Pedestrian claimed shoulder injury from crosswalk accident





Result type

Not present

lower back, right shoulder
During the evening of Dec. 9, 2013, plaintiff Glenn Leung, 31, a financial analyst, was a pedestrian crossing a street in Burlingame when he was struck inside a crosswalk by a truck operated by Devin Gujral, who was making a left turn. Leung subsequently fell to the ground, and he claimed he sustained to his right shoulder and lower back. Leung sued the driver, Devin Gujral, and the owner of the truck, Rajiv Gujral. Leung alleged that Devin Gujral was negligent in the operation of the truck and that Rajiv Gujral was vicariously liable for Devin Gujral’s actions. It was ultimately discovered that Rajiv Gujral did not own Devin Gujral’s truck. Thus, Rajiv Gujral was dismissed from the case prior to trial. Plaintiff’s counsel contended that Devin Gujral failed to yield to a pedestrian in a crosswalk, in violation of the California Vehicle Code. The plaintiff’s accident reconstruction expert opined that Devin Gujral was liable for the accident. Defense counsel contended that Leung was wearing dark clothing, making it hard to see him on the night of the incident, and that Leung was running across the street. Thus, defense counsel argued that Leung was at least partially liable for the incident., Leung fell to the ground and sustained abrasions during the incident. He also claimed that he sustained a labral tear of his right, dominant shoulder and an injury to his lower back. Leung was subsequently taken by ambulance to an emergency room. He then underwent a course of physical therapy for his shoulder injury, but ultimately, in July 2014, he underwent arthroscopic repair of the torn labrum. He then continued with another course of physical therapy. Leung claimed that his lower back pain resolved and that he ultimately recovered from his shoulder injury by the time of trial. Thus, he alleged that he had no residual . The plaintiff’s expert orthopedic surgeon opined that Leung’s shoulder tear was caused by the accident. Defense counsel argued that Leung’s injury was not caused by the subject accident, but due to an unknown event during Leung’s trip to India shortly after the incident. Counsel also argued that Leung made his shoulder worse by played cricket while in India.
Superior Court of San Mateo County, San Mateo, CA

Recommended Experts


Get a FREE consultation for your case