Case details

Pedestrians claimed injuries after being struck by motorist





Result type

Not present

clavicle, clavicle fracture, cognition, fracture, head, headaches, mental, psychological, seizures, shoulder
After sunset on Feb. 1, 2014, plaintiff Maria Hernandez, and her boyfriend, plaintiff Carlos Contreras, both unemployed and 53 years old, were crossing Seventh Street, at the intersection with Victor Street, in Victorville, when they were struck by a northbound vehicle traveling on Seventh Street and operated by Phillip Kahn. Hernandez was knocked to the ground and sustained to her leg, while Contreras was knocked into the air, and sustained to his head and shoulder. Hernandez and Contreras sued Kahn, alleging that Kahn was negligent in the operation of his vehicle. Specifically, Hernandez and Contreras claimed that Kahn was inattentive and failed to yield the right of way to pedestrians. Kahn contended that did not see Hernandez or Contreras, as they were walking in dark clothing, in an area that was not well lit, and in an area that had no crosswalk., Hernandez and Contreras were both taken to a hospital. Hernandez suffered abrasions to a leg, which did not heal for a period of time and required intervention. She subsequently had the wound cleaned out. However, her leg wound developed an infection. However, Hernandez claimed no long-term issues. Contreras sustained a clavicle fracture and head . Although Contreras suffered seizures before the accident, he claimed the impact exacerbated his seizure condition and that he now experiences them again. He also claimed headaches and issues with his balance. Contreras ultimately spent four days in the hospital. Contreras claimed that his mobility and ability to enjoy activities has decreased since the accident and that he is no longer as active as he was previously. He also claimed that his daily activities and hobbies have been limited.
Superior Court of San Bernardino County, San Bernardino, CA

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