Case details

Pedestrian stuck by turning vehicle sustained numerous injuries





Result type

Not present

ankle, arms, blunt force trauma to the head, crush injury, elbows, fracture, head, left hand, left leg, leg, malleolus, pelvis
On April 3, 2012, plaintiff Yong Chong Won, 69, a retiree, was walking along southbound Western Avenue, in Los Angeles. At approximately 11:15 a.m., while crossing the intersection with Venice Boulevard within a marked crosswalk, Won was struck by a van operated by Marcos Lopez, who was making a right turn from southbound Western Avenue onto westbound Ventura Boulevard. Won claimed multiple to his head, left leg/ankle, pelvis, arms/elbows, and left hand. Won sued Lopez and the owner of the van, Somatdary Inc., which was also Lopez’s employer. Won alleged that Lopez was negligent in the operation of his vehicle and that Somatdary was liable for Lopez’s actions during the course and scope of his work. Won contended that he entered the crosswalk on an illuminated “walk sign” for pedestrian traffic on southbound Western Avenue. Thus, he claimed that Lopez failed to yield for pedestrian traffic while attempting a right turn, causing the accident. Lopez claimed that after he had already begun his turn, Won stepped out in front of his van. He claimed that, as such, Won was comparatively at fault., Won was knocked to the ground and suffered blunt force trauma to his head, causing him to lose consciousness. He also suffered external bleeding and multiple bodily , including fractures of the left ankle and pelvis, a 5-centimeter scalp laceration, crush to his left leg, swelling of the fourth finger on his left hand, and multiple contusions and abrasions to his arms and elbows. Won was subsequently taken by ambulance to an emergency room, where he immediately underwent open reduction and internal fixation of the left ankle with the placement of a medial malleolar screw and a plate. Post-operative X-rays of the left ankle demonstrated good placement of the hardware, and Won’s left leg was then immobilized in a cast. Won was then admitted to the Intensive Care Unit, where he remained bedridden while receiving around-the-clock pain management and wound care over the next three days. On April 6, 2013, Won was discharged from the hospital and transported via ambulance to an acute inpatient rehabilitation center to continue his recovery. He then underwent an initial 2.5 months of intensive physical therapy, during which time he achieved a minimal ability to independently ambulate short distances with the use of a front-wheel walker and cane. Won claimed his overall pain level and range of motion in his pelvis, legs, left knee, and ankle failed to significantly improve. After a two-month break in treatment, Won was referred back to therapy on Jan. 21, 2013. He claimed that after an additional 2.5 months of physical therapy, he failed to experience any meaningful improvement in his pain levels, range of motion, and mobility. Dejected by his lack of improvement, Won discontinued his therapy after his last visit on March 29, 2013. Won claimed he continues to experience a myriad of residual problems and debilitating effects from his . Thus, he sought recovery of damages for his past and future pain and suffering. Won’s wife, Yong Sun Won, filed a loss of consortium claim.
Superior Court of Los Angeles County, Los Angeles, CA

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