At around 10:45 a.m. on May 12, 2015, plaintiff Benjamin Van Sickle, 28, a waiter, was walking along southbound Main Street, in Santa Monica. As he entered a marked crosswalk at the intersection with Pico Boulevard with a “Walk” signal controlling his direction of travel, Van Sickle was struck and run over by a “Big Blue Bus” operated by Ella Marie Wheeler, who was making a left turn from northbound Main Street onto westbound Pico Boulevard. Van Sickle sustained to his head, face, an ankle, chest, a heel, a knee, a hand, a thigh, and an elbow. Van Sickle sued Wheeler and the owner of the bus, the city of Santa Monica. Van Sickle alleged that Wheeler was negligent in the operation of the bus and that the city was vicariously liable as Wheeler’s employer and the owner of the bus. Wheeler claimed she never saw Van Sickle prior to striking him in the crosswalk., Van Sickle sustained a fracture of the skull’s temporal bone; a traumatic brain injury; ecchymosis of left temple, cheek, and chin over to the left occiput; a right, frontal, traumatic subarachnoid hemorrhage; and a subdural hematoma. He also sustained an avulsion of the first toenail on the right foot; a fracture of distal tuft of the first, distal phalanx of his left ankle; a rib fracture; an avulsion fracture of the posterior, lateral aspect of the calcaneus; and a displaced fracture of the right fibular neck. In addition, he sustained an internal derangement of the right knee; multiple lacerations, abrasions and severe bruising about his body, including the face, scalp, right ankle, buttock, hand/arm, and thigh; fluid collection along the posterior right thigh; a chipped tooth; a swollen right ankle; a right elbow effusion; and road rash to his lower extremities. Van Sickle was subsequently taken to a hospital, where he remained hospitalized for approximately two weeks. After being released from the hospital, Van Sickle underwent physical therapy and vocational rehabilitation. Van Sickle, who was a waiter at a brasserie in Los Angeles, was ultimately able to return to work.
