Case details

Pedestrian struck in crosswalk claimed knee and ankle injuries





Result type

Not present

left knee, of the medial malleolus, right ankle injuries, transverse fracture
On March 15, 2014, plaintiff Sallie Rowe, 73, was walking within a crosswalk on Bridgeway, in Sausalito, when she was struck by a vehicle operated by Andre Yazbek, who was making a left turn. Rowe fell to the ground and sustained to her right ankle. Rowe sued Yazbek and Yazbek’s company, Andre’s Foreign Car Service Inc. Rowe alleged that Yazbek was negligent in the operation of her vehicle. She also alleged that Andre’s Foreign Car Service was vicariously liable since Yazbek was allegedly running errands for the business at the time of the accident. Defense counsel contended that Rowe was comparatively at fault because she saw Yazbek turn, looked at him, put her arms up, and yelled “Stop, stop,” while walking forward into the path of travel of the vehicle driven by Yazbek, instead of jumping out of the way., Rowe sustained a transverse fracture of the medial malleolus (an open fracture of the right ankle) and a tear of the left knee’s meniscus. She was subsequently transported by ambulance to the Kaiser Permanente San Rafael Medical Center, where she immediately underwent a surgery on her ankle that included the installation of surgical pins. Rowe recovered well from her , but she claimed she has some residual issues. Specifically, she claimed that she can no longer hike for as long, work as a crew member on private sailing boats, or go up and down stairs without pain in her left knee. She also claimed that she now has an ongoing fear of crossing streets. The plaintiff’s expert orthopedic physician opined that Rowe may develop arthritis in her right ankle. The expert also opined that Rowe will need surgery to repair the meniscus tear in her left knee.
Superior Court of Marin County, Marin, CA

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