Case details

Pedestrian struck by motorist claimed ankle injury





Result type

Not present

bruising, fracture, laceration, left eye, left shoulder, right ankle
On Jan. 24, 2013, plaintiff Evelyn Enriquez, 57, was attempting to walk across the street at the intersection of Hollywood and North Harvard Boulevards, in Los Angeles, when she was struck by a motor vehicle driven by Susan Bugsch. Enriquez claimed of her right ankle. Enriquez sued Bugsch, alleging that Bugsch was negligent in the operation of her vehicle. Enriquez’s counsel contended that the incident occurred while Enriquez was in an unmarked crosswalk and that Bugsch should have seen Enriquez crossing the street and avoided the collision. The plaintiff’s engineering expert opined that Bugsch should have seen Enriquez in the middle of the street and had enough time to perform an evasive measure to avoid contact with Enriquez. Defense counsel contended that Enriquez was not within a designated crosswalk and that Enriquez should have stopped and not crossed the street until it was safe to do so., Enriquez complained of pain that stemmed from her right ankle and she was subsequently taken by ambulance to the emergency room at Los Angeles County + University of Southern California Medical Center, in Los Angeles, where she was admitted for treatment. Enriquez was ultimately diagnosed with a fracture of her right ankle, a laceration of her left eye, and bruising of her left shoulder. On Jan. 26, 2013, Enriquez underwent a surgical procedure that involved an external fixation of her right ankle fracture. She was later transported to Kaiser Permanente Los Angeles Medical Center, in Los Angeles, where she was admitted for surgeries on Feb. 2, 2013. The next day, she underwent an open reduction and internal fixation procedure with the placement of hardware that addressed her ankle fracture. After two days had passed, Enriquez was transported to Country Villa Rehabilitation Center, in Los Angeles, where she remained for approximately two weeks before being discharged to her home on Feb. 22, 2013. After being released from the rehabilitation facility, Enriquez underwent a course of physical therapy before undergoing a procedure that included the partial removal of hardware on June 21, 2013. She then had the metal plate and 10 screws that had been implanted surgically removed on Sept. 10, 2014. Enriquez claimed that she suffers from permanent, residual limitations as a result of the collision. She alleged that she walks with an impaired, uneven gait and that she has difficulty maintaining her balance and standing for long periods of time. Plaintiff’s counsel contended that the accident was the proximate cause of Enriquez’s . Thus, Enriquez sought recovery of medical expenses and damages for her past and future pain and suffering. Defense counsel asserted that Enriquez’s were unrelated to the accident. Counsel contended that Enriquez had made prior complaints about her right ankle to her medical providers and, thus, maintained that Enriquez’s were caused by a natural, degenerative, pre-existing condition.
Superior Court of Los Angeles County, Los Angeles, CA

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