Case details

Pedestrian struck by vehicle claimed multiple injuries





Result type

Not present

back, fracture, herniated disc, knee, leg, neck, tibial plateau
On Sept. 26, 2011, at approximately 3 p.m., plaintiff Cirilla Disanti, 44, a laborer, was walking on Spear Street in San Francisco. As she attempted to traverse a crosswalk at the intersection with Howard Street, Disanti was struck by a vehicle operated by Arthur Poretz, who was attempting to make a left turn from westbound Howard Street onto southbound Spear Street. Disanti claimed to her neck, lower back, and left knee. Disanti sued Poretz and Enterprise Rent-A-Car Company of San Francisco, Poretz’s employer and owner of the vehicle. Disanti alleged that Poretz was negligent in the operation of his vehicle and that Enterprise was vicariously liable for his actions. The defendants admitted liability for the accident., Disanti sustained a left tibial plateau fracture, a left fibula fracture, and a compression fracture at L1. She was subsequently taken by ambulance to an emergency room, where she underwent an MRI of her neck that revealed disc herniations at C5-6 and C6-7. On Oct. 21, 2011, Disanti underwent open reduction and internal fixation of her left knee with the insertion of screws. She has also treated with orthopedic surgeons, chiropractic care, physical therapy, and an osteopath, which is ongoing. In January 2013, Disanti underwent hardware removal surgery on her left knee. Disanti claimed she missed 19 months of work after the accident and that her work life will be reduced by 10 years. She also claimed that while her knee condition has improved, she still experiences occasional discomfort, restricting her ability to ride her motorcycle. However, she alleged she will need a total left knee replacement. In addition, Disanti claimed she suffers ongoing neck and back pain, requiring further conservative care. Thus, Disanti sought recovery of $126,539.49 in paid medical costs, $100,000 in past lost earnings/benefits, an unspecified amount for future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel contended that Disanti’s past medical expenses were reasonable, but disputed Disanti’s need for a future knee replacement. Counsel also disputed Disanti’s alleged reduced work life.
Superior Court of San Francisco County, San Francisco, CA

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