Case details

Plaintiff claimed knee injury in golf cart collision





Result type

Not present

knee, knee derangement, meniscus, tear
On Feb. 22, 2010, plaintiff Daniela Negretti, 44, a registered nurse supervisor, was walking in a parking lot in the Park Kiely apartment complex, located at 4261 Norwalk Drive in San Jose, when he was struck by a motorized golf cart driven by Jose Guevara. Negretti claimed she injured her right knee in the accident. Negretti sued Guevara and the owners of the apartment complex, Laramar Group, which consisted of Laramar Communities, LLC, Laramar California Management Corp., Laramar Management Corp. and Laramar San Jose Partners, LLC. She alleged that Guevara was negligent in the operation of the golf cart, and that since he was employed by and providing services for Laramar Group, the group of companies was vicariously liable for Guevara’s actions. Plaintiff’s counsel contended that Guevara failed to safely control or maneuver the golf cart as required by California Civil Code § 1714. Counsel also noted that a police report determined that Guevara was at fault for the accident. According to the police report, Guevara claimed that there was condensation from morning dew on his cart’s front windshield, causing his vision to be obscured. Defense counsel maintained that the plaintiff should have been able to avoid the golf cart since it had lights on and made sufficient noise such that Negretti should have seen and heard it. Defense counsel also contended that the California Vehicle Code did not apply to private property., After the accident, Negretti went to the Saratoga Medical Clinic, where she was diagnosed with a contusion to her right knee with possible internal derangement. Doctors subsequently gave her crutches, anti-inflammatory medication and pain killers. Negretti then underwent an MRI on March 6, 2010, which she claimed showing evidence of a torn meniscus. On May 24, 2010, Negretti underwent a right knee arthroscopy with a medial meniscus repair, a partial lateral meniscectomy, and chondroplasty of the lateral femoral condyle and patella. In December 2011, Negretti ultimately underwent a total knee replacement. Negretti claimed that despite the surgeries, she still suffers residual pain in her right knee, as well as suffered limitations to some physical requirements after returning to her job. Plaintiff’s counsel contended that in order to prevent a re-injury to the right knee, Negretti has to avoid stooping, squatting, kneeling, twisting, prolonged standing and walking. Counsel also contended that Negretti needs to train and prepare for a more sedentary job in order to avoid the risk of re-injury. Defense counsel disputed some of the plaintiff’s residual complaints, asserting that Negretti is able to have unlimited standing and walking capabilities on her job.
Superior Court of Santa Clara County, San Jose, CA

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