Case details
Pedestrian struck by parking car suffered serious leg injuries
SUMMARY
$1010866
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fibula, fracture, left femur, left leg, pain, tibia
FACTS
On Oct. 30, 2014, plaintiff Albert Dunn, 69, was walking out of a convenience store in Morro Bay while Mary Perry was pulling her 2001 Buick sedan into a handicap parking spot, located at the entrance of the convenience store. However, Perry failed to stop, struck Dunn, another pedestrian, and the front door of the store. Dunn suffered serious to his left leg. The incident was captured on a surveillance video. Dunn sued Perry, alleging that Perry was negligent in the operation of her vehicle. Perry did not contest liability, but claimed the accident occurred at a slow speed., Dunn sustained fractures of his left femur, tibia and fibula. He also suffered a degloving injury to his left leg. Dunn was subsequently taken by ambulance to an emergency room in San Luis Obispo. He was then transferred to Santa Barbara Cottage Hospital, in Santa Barbara, where Dunn ultimately underwent open reduction and internal fixation to treat the fractures and skin grafting to treat the degloving injury. Dunn’s counsel presented a 10-minutes-in-the-life of Dunn settlement video. The DVD included the actual incident as captured by the surveillance camera; real-time narration from the 911 emergency call; five eyewitness statements; police photographs; and a short interview with Dunn about his life, his injury, his wife’s nursing care, and his six-month recovery. Thus, Dunn sought recovery of medical costs and damages for his past and future pain and suffering. His wife, Kay Dunn presented a derivative claim seeking recovery for her loss of consortium.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA
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