Case details

Pedestrian struck in crosswalk claimed limited use of arm





Result type

Not present

arm, brain, collarbone, concussion, fracture, head, humerus, shoulder
On Oct. 2, 2015, plaintiff Cheryl Doty, 59, an artist, was in a marked crosswalk, walking across Coast Village Road, in Montecito, when she was struck by a Honda Civic operated by Helene Boag. Doty crashed into the windshield of Boag’s vehicle, and allegedly sustained to her left arm, head and neck. Doty sued Boag, alleging that Boag was negligent in the operation of her vehicle. Plaintiff’s counsel contended that Boag failed to see Doty crossing the street and drove into Doty at 25 mph. Counsel also contended that Boag failed to exercise the due care of a reasonable motorist by failing to observe Doty in the crosswalk prior to impact. Liability was not disputed., Doty sustained fractures of the left humerus and collarbone. She also suffered a concussion, and lacerations to her arms and legs. Doty was subsequently taken to Santa Barbara Cottage Hospital, in Santa Barbara, where her fractured humerus and collarbone were surgically repaired the next day. Doty claimed that concussion ultimately resolved and her lacerations healed. However, she claimed the strength in her left arm has been compromised. She eventually returned to her avocation as an artist, but she claimed she was limited in the use of her arm while it healed. The plaintiff’s policy limits demand included a video documenting the crash. The video included police photographs and a real-time audio narration from Doty. The video also included narration from the Good Samaritans who provided emergency care at the crash site, captured in the 911 calls, and testimonials of the impact on Doty’s life from friends and a relative. Doty’s past medical costs totaled $172,359.77, but they were paid by her health insurance.
Superior Court of Santa Barbara County, Santa Barbara, CA

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