Case details

Pedestrian struck by vehicle claimed memory problems





Result type

Not present

head, head laceration, left arm, left leg, pain
At around 5:15 p.m. on Dec. 25, 2015, plaintiff Soon Ja Choe, 77, a retiree, was walking east along the north side of East Malvern Avenue, which was illuminated by streetlights because it was dark out. As she began to cross Sunny Ridge Drive, in Fullerton, Choe was subsequently struck by a 1995 Ford F-150 truck operated by Theodore Tardie, who was driving on northbound East Malvern Avenue and attempting to make a right turn onto northbound Sunny Ridge Drive. Choe was knocked to the ground and she sustained to her head, left leg, and left arm. Choe sued Tardie, alleging that Tardie was negligent in the operation of his vehicle. Tardie claimed that Choe had just stepped off of the sidewalk and into the street when his vehicle struck her. Thus, he claimed there was no time to stop., Choe sustained bruising on her left leg and left arm, and a head laceration. She lost consciousness at the scene and was subsequently taken by ambulance to University of California, Irvine Medical Center, in Orange, where she received staples for the head laceration. Upon discharge, Choe was given a walker and advised to return for staple removal. Choe claimed that most of her had resolved, but that she is left with memory problems as a result of the incident. She also claimed that she continues to suffer a loss of energy, endurance and balance problems, and forgetfulness. Choe was retired, so she had no loss of earnings or loss of earning capacity. She also had no property damage claim as a result of the incident. Thus, she sought recovery of $45,269.80 in past medical costs, based on her Medicare lien. She also sought recovery of damages for her past and future pain and suffering.
Superior Court of Orange County, Orange, CA

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