Case details

Pedestrian’s inattention caused parking lot accident: defense





Result type

Not present

cervical disc displacement, neck
On Jan. 13, 2015, plaintiff Elizabeth Ramsey, 61, a yacht deckhand and a caterer, was walking in a Safeway parking lot, near Ocean Beach in San Francisco, when she was struck by a reversing sport utility vehicle operated by Ana Troszkiewicz. Ramsey allegedly fell on her side and buttocks, and hit her head on the concrete. She claimed to her neck and back. Ramsey sued Troszkiewicz and the owner of the SUV, Jakub Kusmierz. Ramsey alleged that Troszkiewicz was negligent in the operation of her vehicle and that Kusmierz was vicariously liable for Troszkiewicz’s actions. Plaintiff’s counsel noted that Troskiewicz had a Polish driver’s license, but no driver’s license from anywhere in the United States. Troszkiewicz claimed that she was backing up in an attempt to park her SUV, but admitted that she didn’t see Ramsey prior to the collision. Defense counsel argued that Ramsey had an opportunity to avoid the collision, but she was inattentive. A witness testified that Ramsey was on her cell phone at the time of the accident., Ramsey claimed she sustained cervical and lumbar disc displacements, causing bone spurs in her neck. After the accident, Ramsey called 911 and was taken by ambulance to the UCSF Emergency Department, in San Francisco. Thereafter, she treated with a chiropractor, Dr. Christina Meakim, who consulted with radiological chiropractor, Dr. Bryan Gatterman, and had him review the X-rays that were taken. The court allowed the plaintiff’s treating chiropractors to testify as to causation, and Gatterman was allowed to testify as both a chiropractor and a radiologist. Meakim and Gatterman opined that the films showed permanent trauma to Ramsey’s spine. Ramsey claimed that she has been unable to return to work as a caterer and that she will need future medical treatment for her . Ramsey sought recovery of lost wages, medical costs, and damages for her pain and suffering. The defense’s radiology and chiropractic experts opined that Ramsey’s X-rays showed normal, age-related findings and that Ramsey’s treatment for over one year constituted excessive chiropractic care.
Superior Court of San Francisco County, San Francisco, CA

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