Case details

Pedestrian struck in crosswalk suffered traumatic injuries

SUMMARY

$2500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
inferior pubic ramus fracture, injuring head, kidney injury, left, left knee, pelvis, right, superior pubic ramus fracture, traumatic brain injury
FACTS
At around 7:02 p.m. on Feb. 22, 2015, plaintiff Manuel Sanchez, 85, a retiree, was crossing Whittier Boulevard, walking north to south, at the intersection with Greenwood Avenue, in Montebello. While walking within a marked crosswalk, Sanchez was struck by a 2014 Hyundai Elantra that was operated by Carlos Eduardo de la Rosa, who was driving west in the number 2 (right-hand) lane of Whittier Boulevard. Sanchez was subsequently thrown more than 30 feet and landed on the ground, his head, pelvis, and left knee. Sanchez sued de la Rosa and de la Rosa’s employer, E.M. Pizza Inc., which was doing business as Domino’s Pizza. Sanchez alleged that de la Rosa was negligent in the operation of his vehicle and that E.M. Pizza was liable for da la Rosa’s actions while acting in the course and scope of his employment. Plaintiff’s counsel contended that Sanchez was lawfully crossing Whittier Boulevard while within a marked crosswalk and that de la Rosa failed to yield or stop for Sanchez. Thus, counsel contended that Sanchez failed to keep a proper lookout and failed to yield the right of way to a pedestrian. Defense counsel contended that there were no traffic control devices at the intersection and that Sanchez was wearing very dark clothing in a poorly lit intersection during a rain storm. Counsel also noted that Sanchez was partially blind. Thus, defense counsel asserted that Sanchez was contributorily negligent in leaving his position of safety on the sidewalk and stepping in front of oncoming traffic., Sanchez sustained a traumatic brain injury, resulting in a subarachnoid hemorrhage with a subdural hematoma and a loss of consciousness. He also suffered a left, inferior pubic ramus fracture; a right, superior pubic ramus fracture; an LC2 (a pubic rami plus iliac wing) fracture; a left sacral ala fracture; a left acetabular fracture; a left knee fracture with a multiligamentous injury; deep vein thrombosis of the right femoral vein; acute respiratory failure; an acute kidney injury; and anemia secondary to acute blood loss. Sanchez was immediately taken to a hospital, where he remained hospitalized until March 15, 2015. He underwent physical therapy and one-month of rehabilitation at a convalescent center. He was then released to home care without any further medical treatment. Sanchez claimed that brain injury left him with ongoing cognitive difficulties, including memory deficits. He also claimed he continues to suffer pain to his left knee. Thus, Sanchez sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel did not dispute the reasonableness and necessity of Sanchez’s medical treatment, nor the extent of Sanchez’s .
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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