Case details

Pedestrian struck by turning vehicle claimed knee injury





Result type

Not present

fracture, knee, leg
On March 9, 2016, plaintiff Jake Leonard, 27, a computer programmer, was walking across Las Posas Road, in San Marcos, when he was struck by a vehicle operated by Daniel Berglund, who was making a right turn from State Route 78, also known as the Ronald Packard Parkway, onto Las Posas Road. Leonard sustained a fracture of his right knee. Leonard sued the driver, Daniel Berglund, and the believed owner of the vehicle, Brandon Berglund, Daniel Berglund’s father. Leonard alleged that Daniel Berglund was negligent in the operation of his vehicle and that Brandon Berglund was vicariously liable for his son’s actions. Brandon Berglund was ultimately dropped from the case after it was determined that he did not own Daniel Berglund’s vehicle. Leonard claimed that Daniel Berglund was negligent for failing to yield to him as he walked across the street in a crosswalk. Daniel Berglund claimed that Leonard was negligent for attempting to walk across the roadway as he was making a right turn., After the accident, Leonard walked across the street to a Starbucks coffee shop and then began to feel a lot of pain in his right knee. As a result, he called an ambulance and was taken to a local emergency room, where he underwent X-rays and was later discharged. Leonard was ultimately diagnosed with a fracture of the medial femoral condyle of the right knee and was subsequently fitted with a full leg brace, which he wore for two months. During that time, he also underwent physical therapy. Leonard claimed that he missed time from work as a result of his injury. He also claimed that the leg brace interfered with his activities of daily living and that after the brace was removed, he was left with residual pain. Thus, Leonard sought recovery $10,000 in lost earnings, an unspecified amount in past medical costs, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel argued that Leonard overstated his alleged damages.
Superior Court of San Diego County, Vista, CA

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