Case details

Pedestrian struck by turning vehicle claimed brain injury





Result type

Not present

brain, brain injury, concussion, fracture, head, skull neck, subarachnoid hemorrhage, traumatic brain injury
On Feb. 4, 2010, at approximately 7:30 a.m., plaintiff Sou Hong Leong, 22, a student, was walking west on Rivera Street in San Francisco when he attempted to cross the south side of Sunset Boulevard and was struck by a vehicle operated by Kim San Lee. The vehicle was making a left turn from westbound Rivera Street onto southbound Sunset Boulevard at the time of the accident. Leong claimed to her head and neck. Leong sued Lee. She alleged Lee was negligent in the operation of her vehicle. Leong contended that Lee failed to yield to pedestrian traffic at the subject intersection. She claimed that she had just stepped off the median onto the south side of Sunset Boulevard when she was struck by Lee’s turning vehicle. Two eyewitnesses, who were driving behind Lee, would have testified that Lee had yielded for a few vehicles before turning and collided with Leong. Leong’s counsel also noted that Lee was cited by the police for causing the accident. Lee contended that Leong was contributorily at fault in causing the accident. She claimed that Leong left a position of safety when she stepped off the median, and that her inattentiveness contributed to the accident., Leong was rendered unconscious for eight minutes at the scene. She was subsequently taken by ambulance to an emergency room, where she was diagnosed with a subarachnoid hemorrhage, a left temporal bone fracture, a base skull fracture and a concussion. She also claimed cervical strains and sprains and treated with a few months of chiropractic care. Leong claimed that her neck injury had resolved, but that she was diagnosed with a mild traumatic brain injury, which she is still recovering from. She alleged that although her brain injury had mostly healed, it took her longer to process things during her recovery, causing her to graduate nursing school a year late. Thus, Leong claimed $57,000 in billed past medical costs (the Howell amount was $7,723.46) and sought further recovery of damages for her pain and suffering. Defense counsel did not dispute Leong’s subarachnoid hemorrhage or skull fractures, but argued that Leong did not sustain a mild traumatic brain injury.
Superior Court of San Francisco County, San Francisco, CA

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