Case details
Pedestrian claimed tailbone, hip and spine injuries from accident
SUMMARY
$800000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
nerve damage, neurological, neuropathy
FACTS
On Jan. 16, 2009, at 6 p.m., plaintiff Christina Burlison, 32, an administrative assistant, was walking in a crosswalk at the intersection of Broadway and Sansome Street in the financial district of San Francisco when a taxicab operated by Peter Coryell struck her. Burlison claimed to her tailbone, hip, back and neck. Burlison sued Coryell and the owner of the cab, New Desoto Cab Cooperative Co. Inc., doing business as Desoto Cab Co-Op. Burlison alleged that Coryell was negligent in the operation of his taxicab and that New Desoto Cab was vicariously liable for Coryell’s actions. Witnesses, including the cab’s passenger, placed Burlison in the crosswalk at the time of the collision. Prior to trial, Coryell and New Desoto Cab stipulated to liability., Burlison was taken by ambulance to San Francisco General Hospital, where she was treated and released that night. Although not all immediately diagnosed, Burlison claimed that included a tailbone injury, a labral tear in her right hip, an injury to the buttock, nerve damage radiating from her lower back to her legs, back and neck pain, and soreness and bruising all over her body. She claimed that her mostly resolved through various treatments, except for persistent, chronic hip pain. As a result, Burlison underwent hip surgery to repair a torn hip labrum approximately two years after the collision. Burlison claimed that she can no longer participate in the athletic lifestyle she enjoyed prior to being hit and that she has limitations in her ability to sit and stand for extended periods of time without pain. After being off work for approximately six months, Burlison moved to Texas to attend graduate school. Thus, plaintiff’s counsel requested a verdict of $1.1 million, including $80,000 in past medical expenses, $20,000 in past lost wages, and damages for her pain and suffering. Defense counsel argued that Burlison’s hip injury was not caused by the collision, but was caused by her athletic lifestyle, and that Burlison’s condition pre-existed the collision. Thus, defense counsel argued that Burlison should only be awarded between $100,000 and $200,000 in total damages.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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