Case details

Pedestrian struck in crosswalk claimed multiple head injuries

SUMMARY

$2500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anosmia, back, brain, brain damage, brain injury, cognition, depression, disc protrusion, emotional distress, face, facial paralysis, head, headaches, impairment, lumbar head, mental, neck, nerve impingement, neurological, nose, psychological, sensory, speech, traumatic brain injury, vision
FACTS
On Jan. 19, 2016, plaintiff Guanfeng Jiang, a 63-year-old self-employed woman, was going for her nightly walk routine with her husband, plaintiff Zhiming Zhu, a 64-year-old self-employed man, in their neighborhood. While Jiang was in the crosswalk near the on-ramp for Interstate 280, also known as the Junipero Serra Freeway, in Cupertino, she was struck by a vehicle operated by Lou Ping Yang. Jiang sustained to her head and face. Zhu claimed emotional distress from witnessing the accident. Jiang and Zhu sued Yang, alleging that Yang was negligent in the operation of his vehicle. Yang accepted liability after watching a surveillance video., Jiang suffered blunt force trauma to her head, resulting in a facial droop, blurry vision and anosmia, which, in Jiang’s case, consisted of a complete loss of the sense of smell and a partial loss of the sense of taste. She also sustained disc protrusions, nerve impingement, an annular fissure, disc desiccations, and a traumatic brain injury, resulting in memory loss. Jiang was immediately taken to Santa Clara Valley Medical Center, in San Jose, and was hospitalized for nine days. She then underwent physical therapy, and received epidural and Botox injections. Jiang claimed that as a result of her , she and her husband had to sell their family business, which was in operation since 2000, at a below-market rate. Jiang claimed she continues to suffer from severe back pain, headaches, memory loss, and sleep issues. She also claimed she suffers from post-traumatic stress disorder, which her treating psychologist believed will be life-long. Zhu sought recovery for his emotional distress as a bystander. He claimed he witnessed and heard the vehicle impact his wife. Zhu was diagnosed with chronic post-traumatic stress disorder, severe depression and severe survivor’s guilt. Zhu’s psychologist would have testified that she believed that Zhu’s conditions will be life-long.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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