Case details

Pedestrian struck by out of control vehicle




Mediated Settlement

Result type

Not present

cervical, diplopia, double vision, face, facial bone, fracture, impairment, LeFort fracture, neck, neurological, nose, radiculopathy, sensory, speech, sprain, vision
On April 5, 2010, at approximately 10 p.m., the plaintiff was seated on the sidewalk against the wall of a business on the west side of 5th Street in downtown Los Angeles, when a vehicle traveling southwest on 5th Street lost control and launched up onto the pedestrian sidewalk, crashing through a parking meter. The meter was hit with such force that its metal post snapped in half and launched like a spear directly into the plaintiff’s face. The vehicle then landed on top of the plaintiff, pinning him into the wall of a nearby business. After the impact, the vehicle would not start and bystanders had to help push the vehicle off of the plaintiff. The plaintiff sued the driver, alleging that the defendant was negligent in the operation of her vehicle. The plaintiff claimed the driver was initially making a left turn from northwest-bound Wall Street onto southwest-bound 5th Street when she accelerated rapidly. He alleged that the vehicle then gained speed so fast that the driver lost control of her vehicle, causing it to careen through its left hand turn onto southwest bound 5th Street. He further alleged that the vehicle ultimately struck the north curb with such force that both front tires were flattened, the rims bent and a hubcap ejected, embedding itself into a nearby security door. The defendant conceded liability., Following the crash, the plaintiff was rushed by paramedics to USC Medical Center for emergency treatment and surgery of his life-threatening facial and head trauma. The plaintiff sustained multiple complex facial fractures, including LeFort III fractures, a left parasymphyseal fracture, bilateral condylar displaced fractures, a right ramus fracture, a right palatal fracture, and bilateral zygomatic maxillary complex fractures. The plaintiff also sustained a cervical sprain with C6 radiculopathy on the right side and multiple joint traumata that included both shoulders. For repair, the plaintiff underwent open reduction and internal fixation of his bilateral zygomatic/maxillary complex fractures, open reduction and internal fixation of his right displaced ramus, open reduction and internal fixation of his left parasymphyseal fracture, and palatal and maxillomandibular external fixation. During a procedure known as a coronal flap, a semicircular incision was made on the crown of the plaintiff’s head down to the bone. The skin and muscle were then rolled down over his forehead to reveal the fractures in his skull and upper face, and to allow for the placement of internal fixators in that location. This procedure left the plaintiff with deep half-moon scars around his throat and on the top of his head. Following the surgeries, the plaintiff underwent physical therapy and additional treatment. However, he claimed that he still suffers from blurred vision in both eyes, ocular pain and excessive tearing, as well as occasional double vision.
Superior Court of Los Angeles County, Central, CA

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