Case details

Pedestrian hit by car claimed arm limitations from fracture





Result type

Not present

arm, disfigurement, fracture, humerus, mental, neuropsychological, psychological, scar
On June 16, 2011, at approximately 11 a.m., plaintiff Marie King, 58, a neuropsychologist, was walking across the mid-block of Avenida Del Norte, on her way to a hairdressing appointment in Redondo Beach, when she was struck by a vehicle operated by Teresa Lynch, who had just made a left turn from a strip mall parking lot onto eastbound Avenida Del Norte. King braced the impact with her left arm and suffered a shattered humerus. King sued Lynch, alleging the defendant was negligent in the operation of her vehicle. Specifically, King claimed that Lynch was driving inattentively and failed to yield to pedestrian traffic shortly after making the left turn onto eastbound Avenida Del Norte. Lynch claimed that King was at fault for crossing the street mid-block, outside of a marked crosswalk, and that King had the obligation to yield to the oncoming vehicle. Defense counsel noted that the police report on the accident did not assess fault as to Lynch., King sustained a shattered/fractured left humerus. She was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. Within a week of the accident, King underwent open reduction and internal fixation surgery, which included the insertion of five screws. She then followed up with a few weeks of physical therapy. Although her fracture healed, King claimed that she now experiences a pulling sensation from the screws in her arm. Her expert orthopedic surgeon testified that as a result, King will require hardware removal surgery. King further claimed the accident caused her to develop a phobia of driving, for which she sought treatment from a neuropsychiatrist. King claimed her injury caused her to miss some time from work and that her current physical condition, which consists of a loss of use of her left arm, prevents her from playing with her grandchildren. Thus, she sought recovery of $9,974.30 in stipulated past medical costs; $10,000 to $150,000 in future medical costs, depending on her treatment; $25,000 in past lost earnings; and an unspecified amount of damages for her future lost earnings and past and future pain and suffering. Defense counsel disputed the extent of King’s alleged future damages. The defense’s expert orthopedic surgeon performed an independent medical exam of King, and opined that her injury had fully healed and did not require any hardware removal surgery. The defense’s expert neuropsychologist agreed with the plaintiff’s diagnosis of driving phobia, but opined that King would benefit from certain treatment programs to overcome her fear.
Superior Court of Los Angeles County, Long Beach, CA

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