Case details

Pedestrian: Pelvic fractures and lumbar injuries from accident





Result type

Not present

acetabulum, back, bulging disc, fracture, hip, left ankle, left hip, left knee, lower back, lumbar knee ankle, pelvis
On May 7, 2012, plaintiff Maelyn Galapir, 17, a high school student, drove to school in Carson and parked her car. At approximately 8:50 a.m., while traversing the crosswalk at the intersection of 223rd Street and South Main Street, Galapir was struck by a pickup truck operated by Jadifi Hart, a city-employed gardener, who was traveling on South Main Street. Galapir claimed to her left hip/pelvis, left knee, left ankle, and lower back. Galapir sued Hart and the city of Carson. Galapir alleged that Hart was negligent in the operation of his vehicle and that the city was vicariously liable for Hart’s actions through the course and scope of his work for the city. The city stipulated to liability, following which, the parties agreed to dismiss Hart from the action without prejudice., Galapir was taken by ambulance to an emergency room, where she was admitted overnight. She was diagnosed with fractures to her left pelvis, sacrum, and acetabulum. She was also diagnosed with strains and sprains of her left ankle and knee, and bulging lumbar discs at the L2-3, L3-4, and L4-5 levels. Galapir followed up with 12 sessions of physical therapy and received epidural injections for her lower back in 2013. Galapir missed the remainder of her junior school year while recovering from her . As a result, she had to make up the credits at night during her senior year. Galapir claimed she still experiences some residual pain and discomfort in her left hip and lower back, restricting her range of motion. However, she claimed her knee and ankle have mostly resolved. She further claimed she will require a total left hip joint replacement sometime in her 40s, as well as conservative lower back treatment on an as-needed basis. Galapir claimed she now has a 25 percent loss of future earning capacity, for which she sought $375,000 in damages. She sought recovery of $62,423 in past medical costs, $935,000 in future medical costs, and $1.5 million in damages for her pain and suffering. Defense counsel argued that Galapir’s lower back complaints were due to a previously asymptomatic, degenerative condition, which was unrelated to the accident. Counsel further argued that Galapir would not require future surgery or treatment for her left hip.
Superior Court of Los Angeles County, Los Angeles, CA

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