Case details

Pedestrian struck by mirror on passing vehicle claimed injuries





Result type

Not present

brain, brain injury, foot, head, leg, traumatic brain injury
On Aug. 27, 2012, at 6:45 p.m., plaintiff Mary Jane Brooks, 79, a retired computer software engineer, was walking along a narrow road near her home in Woodside when the driver’s side mirror of a 2006 Lexus RS400, operated by Anthony Perkins, struck her in the head. Brooks fell to the ground, and she claimed to her head, leg and foot. Brooks sued Perkins, alleging that Perkins was negligent in the operation of his vehicle. Perkins claimed he was driving in the same direction as Brooks, traveling at approximately 5 mph, when his vision became impaired by the sun on a blind curve. However, he contested liability, claiming that Brooks tripped and fell into his vehicle’s path due to her pre-existing left-sided hemiparesis/instability and her failure to use a cane as recommended by her doctors. Perkins’ counsel also noted that Brooks informed police and emergency room staff of these facts, as well., Brooks claimed she sustained a mild traumatic brain injury, a fracture of the left fifth metatarsal, a contusion of her left ankle, and multiple bruises. She was subsequently taken by ambulance to the emergency room at Stanford Hospital and Clinics, where she was hospitalized for several days. Brooks then spent approximately five weeks at a rehabilitation facility. Brooks claimed that although she is no longer treating the physical related to the accident, she continues to suffer cognitive deficits as a result of her brain injury. Specifically, she claimed that she has not been quite as sharp mentally since the accident. Thus, Brooks sought recovery of $13,331.87 in Medicare-paid medical expenses. She also sought recovery of damages for her pain and suffering. However, according to defense counsel, Brooks alleged $17,673 in Medicare-paid medical expenses, $1,682 in AARP payments, and over $13,015 in out-of-pocket expenses.
Superior Court of San Mateo County, San Mateo, CA

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