Case details
Pedestrian struck in crosswalk claimed injuries to head and spine
SUMMARY
$325000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
amnesia, back, herniated disc, lumbar, lumbar head, mental, neck, neurological, psychological, radicular pain, radiculitis
FACTS
On March 23, 2016, plaintiff Mi Sun Kim, 43, a salesperson, was in a marked crosswalk, walking south across Colima Road, at its intersection with Paso Real Avenue, in Rowland Heights. Colima Road is a multiple-lane road with three lanes in each direction, plus left-turn lanes at the intersection. Kim had crossed 2.5 lanes and was almost to the middle of the street when she was struck by a pickup truck operated by James Gray, who was making a left turn from northbound Paso Real Avenue, onto westbound Colima Road. Kim sustained to her head and back. Kim sued Gray and Gray’s employers, the Los Angeles County Department of Public Works and the county of Los Angeles, which also owned the pickup truck. Kim alleged that Gray was negligent in the operation of his vehicle and that the Department of Public Works and the county were vicariously liable for Gray’s actions while acting within the course and scope of his employment. Plaintiff’s counsel contended that Gray failed to yield to Kim, who was a pedestrian lawfully within a crosswalk. Counsel also noted that the investigating officer concluded that Gray was at fault for the accident for violating Vehicle Code § 21451(a), which states, “A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign prohibits a U-turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk.” Gray told the investigating officer that he did not see Kim before he heard an impact on the left side of his vehicle. The Department of Public Works and the county admitted that Gray was in the course and scope of his employment at the time of the incident. However, defense counsel asserted that Kim was comparatively negligent for crossing the street when the crossing signal displayed a “don’t walk” signal., Kim sustained blunt force trauma to her head and body. She claimed that she lost consciousness as a result of the impact. After regaining consciousness, she felt severe pain in her head and pain all over her body before she realized she was bleeding. Kim also claimed she sustained a herniated lumbar disc. She was still lying on the ground within the crosswalk when paramedics arrived and took her to UC Irvine Medical Center, in Orange. At the emergency room, Kim complained of radiating pain in her neck and back with numbness in her fingers and toes. She also complained of pain in her head, and she was found to have a laceration to the back of her head, which required staples; swelling to the right, parietal scalp; and amnesia as to the events of the collision. Kim followed up with a neurological assessment and treatment, including an epidural injection to her back. Kim claimed she may eventually require epidural injections to her lumbar spine and/or a lumbar surgery in the future. The plaintiff’s orthopedic surgery expert opined that Kim had significant back pain with some disc bulging. He also opined that Kim should have epidural injections to attempt to relieve her pain. Kim sought recovery of $94,345.25 in past medical costs and an unspecified amount for her future medical costs. She also sought recovery of damages for her past and future pain and suffering. The defense’s expert orthopedic surgeon opined that Kim suffered a contusion and an abrasion to her head with a laceration in the occipital region, as well as a sprain of her cervical spine. He also opined that Kim’s MRI findings showed a chronic pre-existing degenerative condition that was unrelated to the subject accident and that Kim would not need any further physical therapy or an operative intervention as a result of the subject accident. Plaintiff’s counsel noted that the defense’s orthopedic surgery expert claimed that Kim had denied she had radiating pain from her lower back, but the claim was refuted by a transcription of the audio recording of the defense’s medical exam, which confirmed Kim had advised the expert of her radiating lower back pain.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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