Case details

Pedestrian did not look for cars before crossing, defense argued





Result type

Not present

arm, head, pain, pelvis fractured, uffering
On Oct. 4, 2011, plaintiff Deborah Nevarez, an unemployed 52 year old, was crossing South Street, in Sonora, where there was no crosswalk, when she was struck by a vehicle operated by Dawn Davenport. Nevarez claimed to her head, arm and pelvis. Nevarez sued Davenport, alleging that Davenport was negligent in the operation of her vehicle. Specifically, Nevarez contended that Davenport was negligent for not looking for pedestrians and for being inattentive. Davenport contended that she did not have time to react to Nevarez stepping out in front of her vehicle. Thus, she claimed that Nevarez was negligent for failing to look for vehicles before attempting to cross the street. The court granted a directed verdict in favor of Davenport on the issue of negligent entrustment., Nevarez sustained a fractured pelvis, a fractured arm, and a concussion. She was subsequently transported by ambulance to Sonora Regional Medical Center, in Sonora, and then air lifted to Doctors Medical Center, in Modesto. Nevarez’s were not life-threatening, but she claimed the pelvis fracture prevented her from walking for months. The court granted a directed verdict in favor of the defense on all medical costs. Nevarez also dropped her wage loss claims during trial. Thus, Nevarez only sought recovery of damages for her pain and suffering.
Superior Court of Tuolumne County, Sonora, CA

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