Case details

Pedestrian struck by motorist claimed leg injuries




Mediated Settlement

Result type

Not present

crush injury, disfigurement, leg, leg ankle, lower extremities, scar
On March 5, 2012, at approximately 7:29 a.m., plaintiff Joseph Brinskele, 58, a computer consultant, was walking along Jessie Street in San Francisco when he attempted to cross the intersection at 1st Street and was struck by a reversing van operated by Riley McVey. Brinskele claimed the van rolled over both of his lower legs, causing crush . Brinskele sued McVey and CBF Inc., McVey’s employer and owner of the van. Brinskele alleged that McVey was negligent in the operation of his vehicle and that CBF Inc. was vicariously liable for McVey’s actions through course and scope. Specifically, he contended that McVey was inattentive while reversing his van and that McVey had a higher duty of care as the vehicle operator involved in the accident. Enterprise Fleet Management Inc. was also initially named as a defendant in the action, but it was dismissed from the case early on. Counsel for McVey and CBF Inc. disputed liability, asserting Brinskele was completely at fault. McVey alleged that he was in reverse, parallel parking into a spot on 1st Street, when the accident occurred. He claimed that Brinskele was outside of any crosswalk, jaywalking, in morning rush hour traffic and that Brinskele was even cited for jaywalking by the responding police officer., Brinskele claimed he suffered crush to both lower extremities and was taken by ambulance to an emergency room, but did not undergo surgery. However, Brinskele suffered an infection of his left leg within a year of the accident, which required surgical debridement. He also treated with physical therapy, which was sporadic due to his infection, but is currently ongoing. Brinskele claimed he has residual scarring on both legs, and experiences continuing pain and discomfort, as well as numbness in his ankles. He alleged that his condition has limited his once active lifestyle and that he is more susceptible to further infection. Thus, Brinskele sought recovery of approximately $48,344.95 in past medical costs (Howell). He also sought recovery of damages for his pain and suffering. However, Brinskele did not claim lost earnings, as he was able to continuing working as a computer consultant at a hospital. Defense counsel asserted that while Brinskele was knocked to the ground by the van, his legs were not run over by the vehicle. The defense’s expert orthopedic surgeon, who performed an independent medical exam of Brinskele, submitted a report opining that Brinskele did not suffer crush , but rather a non-displaced hairline fracture to his right ankle and an abrasion to his left leg.
Superior Court of San Francisco County, San Francisco, CA

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