Case details

Plaintiff claimed intersection crash aggravated knee injury





Result type

Not present

right knee
On Sept. 15, 2012, plaintiff Charles Bracy, 54, a longshoreman, drove his vehicle into the intersection of North Point Street and Stockton Street, in San Francisco, when he was involved in a collision with a vehicle operated by Kayvon Salafian, who was attempting a turn in the intersection. Bracy claimed to his right knee. Bracy sued Salafian, alleging that Salafian was negligent in the operation of his vehicle. Specifically, Bracy claimed he and Salafian were traveling in the same direction when Salafian suddenly made a U-turn, turning to his left from a bus lane located on the right side of the traffic lane, causing the collision. Salafian initially disputed liability, but ultimately stipulated to liability before trial., Bracy claimed the subject collision caused an aggravation of a Grade I sprain to his right knee. Plaintiff’s counsel contended that in January 2012, Bracy suffered a Grade II knee sprain at work and that Bracy was ultimately able to return to work as a longshoreman in August 2012. However, counsel argued that the subject collision aggravated Bracy’s pre-existing knee injury. Bracy underwent 10 to 12 physical therapy sessions following the accident, as well as had two doctor visits. He also missed four to five months of work. Thus, plaintiff’s counsel asked the jury to award Bracy between $50,000 and $100,000 in total damages for Bracy’s past medical costs, lost wages, and pain and suffering. Defense counsel argued that the injury and damages Bracy attributed to the accident were actually caused by the earlier industrial incident that had kept Bracy off of work for several months prior to the subject accident. Counsel also argued that even if Bracy was injured in the subject accident, the alleged injury should have only caused him to miss a minimal amount of additional time from work.
Superior Court of San Francisco County, San Francisco, CA

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