Case details

Pedestrians struck on sidewalk by police car following rear-ender

SUMMARY

$700000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, traumatic brain injury
FACTS
At around 9:15 p.m. on Aug. 16, 2014, plaintiffs Ramona Cox, 47, and Annabe Taylor, 36, were making a return trip from a Dollar General store back to their apartment complex, both located on Wilson Street, in Bakersfield. Taylor was walking roughly two to three feet ahead of Cox, as they proceeded east on the sidewalk, when they were struck by a police cruiser operated by Officer Ramon Chavez, who was previously rear-ended by Officer Jaime Orozco. The officers were responding to a service call at a gas station, but neither officer was driving with their lights or sirens on. During the rear-ender, Chavez’s vehicle was pushed up onto the sidewalk, where it struck both Cox and Taylor. Cox claimed to her head, shoulders, neck and back. Taylor claimed to her lower back. Cox sued Orozco; Chavez; and the officers’ employer, the city of Bakersfield. Cox alleged that Orozco and Chavez were negligent in the operation of their respective vehicles and that the city was vicariously liable for the officers’ actions while in the course and scope of their employment. Taylor brought a separate suit against Orozco, Chavez and the city, making the same claims. The matters were ultimately consolidated. Cox and Taylor claimed that the sidewalk on Wilson Street was narrow because overgrown bushes intruded into the space for pedestrians. They claimed that as a result, Taylor was forced to walk roughly two to three feet ahead of Cox on the sidewalk when, suddenly and without warning, they were violently struck on the sidewalk by Chavez’s police cruiser. Cox and Taylor further claimed that Orozco was previously driving between 20 and 30 mph when he became distracted and slammed into the back of Chavez’s vehicle, pushing it onto the sidewalk, where Chavez’s vehicle struck them. Chavez and Orozco disputed liability and claimed that Cox and Taylor were hard to see. Thus, they claimed that Cox and Taylor should not have been standing or walking where they were at the time of the accident., Cox was propelled up and over the top of Chavez’s police cruiser and landed on the sidewalk, beneath the back end of the Crown Victoria, while Taylor was propelled seven to eight feet ahead of the cruiser and landed on the sidewalk. After the collision, Chavez exited his vehicle, found Taylor on the sidewalk and asked about Taylor’s friend’s whereabouts. Cox then called out from beneath the car. Cox and Taylor were both taken to a hospital. Cox claimed that she sustained a traumatic head injury, a torn rotator cuff to her left shoulder, and soft tissue to her neck and back. She ultimately underwent surgical intervention on her left shoulder. Taylor suffered scrapes and bruises, and complained of pain to her lower back. Defense counsel disputed the nature and extent of the plaintiffs’ alleged damages, asserting that neither plaintiff required any future care or treatment, as their had resolved.
COURT
Superior Court of Kern County, Bakersfield, CA

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