Case details

Pedestrian struck by reversing vehicle claimed disability





Result type

Not present

brain, brain injury, concussion, elbow, face, fracture, head, nose, olecranon
On May 12, 2018, plaintiff Ruthe Hirsch, 91, was walking in San Rafael when she was struck by a vehicle driven by Allison Pratt, who was backing out of a parking space in a parking lot. The rear of Pratt’s vehicle struck Hirsch, causing her to fall and strike her left side on the pavement. Hirsch sustained to her head, face, left elbow, and pelvis. Hirsch sued the three occupants of the reversing vehicle, Pratt, Lillian Dreyer and Ara Apkarian. It was ultimately determined that Pratt was the operator of the vehicle and that Dreyer and Apkarian were the registered owners of the vehicle and Pratt’s employer. Thus, Hirsch alleged that Pratt was negligent in the operation of her vehicle and that Apkarian and Dreyer were vicariously liable for Pratt’s actions., Hirsch sustained a concussion, a contusion to the left side of her face and jaw, a left olecranon fracture in her elbow, lacerations to her left elbow, and two hairline fractures to the left pubic ramus. She was transported to a hospital and later treated with physical therapy, first at a rehabilitation facility and then at home. Hirsch claimed that she now needs more help with personal care and ambulating, which she was able to do herself prior to the subject accident. She also claimed that she will require future medical care in the form of physician visits and physical therapy, as needed. Hirsch sought recovery of approximately $29,000 in past medical costs (based on her adjusted medical bills) and an unspecified amount in future medical costs. She also sought recovery for her increased facility costs based her alleged ongoing disabilities, and for her past and future pain and suffering.
Superior Court of Marin County, Marin, CA

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