Case details

Pedestrian in crosswalk alleged driver failed to yield to him





Result type

Not present

arm, back, bulging disc, face, facial bone, facial laceration, fracture, frontal skull fracture, head, left forearm, left forearm fractures, lumbar, neck, nose, skull, transverse fracture, transverse process, vertebra
At around 1 p.m. on Tuesday, Oct. 21, 2014, claimant Wesley Chen, 75, retired, was walking east along Live Oak Street, in San Gabriel, in Los Angeles County. As he entered a marked crosswalk, from the southwest corner of the intersection in an attempt to cross San Gabriel Boulevard, he was struck by a 2010 Toyota Corolla operated by Jonathan Su. Chen claimed to his head, face, back, and left forearm. Chen brought a claim against Su, alleging that Su was negligent in the operation of his vehicle. Claimant’s counsel asserted that Su caused the accident by failing to yield to a pedestrian in a marked crosswalk after other vehicles had already stopped. Thus, counsel contended that Su violated California Vehicle Code § 21951. An independent witness made a statement to the investigating officer, in which the witness stated that she saw Su speed by her after she stopped her vehicle to allow Chen to cross in the crosswalk. She also stated that she witnessed the impact and saw Chen “fly into the air and land on his head.” Another independent witness who was also traveling on southbound San Gabriel Boulevard, told the investigating officer that he observed Su speed by him in the number one lane and that he saw Chen “flying in the air” a moment later. Based on the statements of Su at the scene and the two independent witnesses, the investigating officer concluded that Su caused the accident by failing to yield to a pedestrian in a marked crosswalk after other vehicles had already stopped and that Su’s actions were in violation of California Vehicle Code § 21951. Su claimed that prior to the collision, he was driving his vehicle on southbound San Gabriel Boulevard, in the number one lane, and was following behind a blue van at approximately 30 mph. He alleged that as the van approached the intersection with Live Oak Street, the van suddenly made a right turn from the number one lane onto westbound Live Oak Street. Su admitted that after the van turned, he accelerated to continue southbound, but that he then saw a male pedestrian, Chen, walking in the crosswalk directly in front of him. He claimed that he attempted to turn his vehicle to the left, but struck Chen with the right front portion of his vehicle. Su claimed that he saw Chen “bounce” off his vehicle on the right side and out of sight, causing him to slam on his brakes and bring his vehicle to a stop., Chen sustained a frontal skull fracture, a C2 transverse fracture, a C3-4 anterior longitudinal ligament tear, left forearm fractures of the distal radius and distal ulna, facial fractures, and baseline skull fractures. He also sustained a splenic laceration, a pneumothorax, a moderate disc bulge at L2-3, a left scalp hematoma, and scalp trauma. In addition, he sustained facial abrasions and lacerations, including a 6-centimeter laceration to the left temporal scalp, 3-centimeter and 4-centimeter parallel lacerations to the left frontal/temporal scalp, and a 5-centimeter full-thickness laceration to the left, dorsal forearm. Chen was subsequently transported to a hospital, where he was immobilized with collar. However, no surgery was performed. Chen underwent therapy and he claimed he has some limited range of motion with movement of his neck. Thus, he sought recovery of approximately $2,157.31 in paid medical expenses and an unspecified amount of future medical costs. He also sought recover of damages for his past and future pain and suffering. His wife, claimant Wendy Chen, then 68, asserted a loss of consortium claim.
Matter not filed, CA

Recommended Experts


Get a FREE consultation for your case