Case details

Pedestrian struck by turning van claimed multiple injuries




Mediated Settlement

Result type

Not present

cervical, fusion, herniated disc, knee, meniscus, neck, tear
On Oct. 11, 2014, plaintiff Jorge Guillermo, 41, a busboy, was walking east along Ventura Boulevard, in the city of Los Angeles. As he attempted to cross Fruitland Drive in an unmarked crosswalk, he was struck by a Ford E-350 van operated by Cynthia Hoffman, who was making a left turn from westbound Ventura Boulevard onto southbound Fruitland Drive. Guillermo claimed to his neck, left shoulder, left hip, right knee, and lower back. Guillermo sued Hoffman and Hoffman’s employer, 5 Residential, which also owned the van. Guillermo alleged that Hoffman was negligent in the operation of the van and that Monument Properties-5 was vicariously liable for Hoffman’s actions while in the course and scope of her employment. Monument Properties-5, LLC was initially named as a defendant, but it was dismissed after it was learned that 5 Residential was the proper defendant., Guillermo claimed that he sustained a sprain to the right knee with a lateral meniscal tear, a myoligamentous neck sprain with several herniated cervical discs, and a supraspinatus tear of the left shoulder. He was transported from the scene by ambulance and taken the Emergency Department at Cedars-Sinai Medical Center, in Los Angeles. He was examined for to his head, left shoulder, both knees, and left hip, and then released. On Oct. 20, 2014, nine days after the crash, Guillermo visited a chiropractic physician for further examination of his because of alleged increasing pain. Although he began physical therapy sessions with the chiropractor, Guillermo claimed he still experienced significant pain. He then received epidural injections and underwent arthroscopic surgery on his right knee. Later, on April 27, 2018, Guillermo underwent a cervical fusion. Guillermo has been able to continue working, but he claimed he still has intermittent pain. Guillermo sought recovery of $281,042.54 in past medical costs, mostly from lien medical bills, and $41,230 in lost earnings. He also sought recovery of damages for his alleged pain and suffering. Defense counsel asserted that Guillermo’s were pre-existing and that his medical bills were unreasonable.
Superior Court of Los Angeles County, Los Angeles, CA

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