Case details

Pedestrian struck while vehicle exited driveway





Result type

Not present

back, brain, chest, concussion, fracture, head, herniated disc, rib
On April 4, 2019, plaintiff Diana Calderon, 22, a student, was struck by a vehicle. The incident occurred on a sidewalk that abutted Halesworth Street, near its intersection at North Broadway, in Santa Ana. The vehicle’s driver, John Heck, was exiting a construction site. Calderon claimed that she suffered of her back, her head and her rib cage. Calderon sued Heck; Heck’s employer, Perlite Plastering Co. Inc.; and the construction site’s operator, Bernards Brothers Inc. The lawsuit alleged that Heck was negligent in the operation of his vehicle, that Perlite Plastering was vicariously liable for Heck’s actions, that Bernards Brothers was negligent in its maintenance of the construction zone, and that Bernards Brothers’ negligence created a dangerous condition that contributed to the accident. Plaintiff’s counsel contended that Heck drove his vehicle at a speed greater than reasonable, given the circumstances, and failed to yield the right of way to Calderon. Plaintiff’s counsel also contended that the construction site was configured in a way that obstructed Heck’s view of Calderon. However, defense counsel claimed that video footage did not depict an obstruction. Heck claimed that he did not see Calderon prior to the accident., Calderon was retrieved by an ambulance, and she was transported to a hospital. Calderon claimed that she suffered a displaced fracture of a rib, nondisplaced fractures of two ribs, a concussion and a herniation of her L4-5 intervertebral disc. Calderon underwent about four months of physical therapy, but she claimed that she suffered ongoing pain related to the accident. She underwent a microdiscectomy: a minimally invasive procedure that involved excision of a portion of her L4-5 disc. Calderon claimed that her back remains painful. She sought recovery of past medical expenses, and she sought recovery of damages for past and future pain and suffering.
Superior Court of Los Angeles County, Central, CA

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