Case details

Pedestrians struck by turning vehicle each claimed injuries





Result type

Not present

chest, clavicle, face, facial, fracture, nose, rib, shoulder
On June 13, 2012, plaintiffs Richard Schwartz, 80, and Signa Schwartz, 77, a married couple who were both retired, were walking along West 17th Street in Upland. While traversing the intersection at North San Antonio Avenue in a crosswalk, they were struck by a vehicle making a left turn from southbound North San Antonio Avenue onto eastbound 17th Street. Mr. Schwartz claimed soft-tissue strains and sprains. Mrs. Schwartz suffered fractures of her right orbital socket, right shoulder, and three ribs. Mr. and Mrs. Schwartz sued the driver, alleging he was negligent in the operation of his vehicle. The driver agreed to tender his insurance policy limits, paying Mr. and Mrs. Schwartz each $50,000. Mr. and Mrs. Schwartz then sought further recovery via the supplementary-underinsured-motorist provision of her/his own insurance policy, which was administered by Mid-Century Insurance Co., an affiliate of Farmers Insurance Group of Cos. The matter proceeded to arbitration, and liability remained undisputed., Mr. and Mrs. Schwartz were both taken by ambulance to an emergency room. Mr. Schwartz claimed soft-tissue strains and sprains of his neck and back, as well as scrapes, cuts and bruises. He subsequently followed up with a chiropractor to treat his soft-tissue . However, he claimed he continues to experience intermittent neck and back aches. Mrs. Schwartz suffered fractures of three ribs, her right orbital socket and right clavicle. She continued to treat through Kaiser and with chiropractic care. Mrs. Schwartz claimed ongoing pain, stiffness and limited range of motion in her right shoulder. Thus, Mr. Schwartz sought recovery of $7,786 in past medical costs, and an unspecified amount of future medical costs and damages for his pain and suffering. Mrs. Schwartz sought recovery of $19,888 in past medical costs, and damages for her pain and suffering. Defense counsel contended that Mr. Schwartz’s alleged future medical costs were unreasonable, since he was already undergoing chiropractic treatment on a regular basis before the subject accident. Counsel further contended that Mr. and Mrs. Schwartz each made a good recovery from their respective .
Matter not filed, CA

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