Case details
Plaintiff claimed leg fractures from intersection collision
SUMMARY
$1000000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, leg
FACTS
On June 7, 2012, plaintiff Dennis Prieto, 50, a program officer for United Way of Fresno County, was driving on eastbound Shepard Avenue when a vehicle operated by Jacob Pruett attempted to make a left turn from westbound Shepard Avenue onto southbound Peach Avenue. As a result, Pruett turned directly into the path on Prieto’s lane of travel, causing the front end of Pruett’s vehicle to strike the front end of Prieto’s vehicle. Prieto claimed to his left leg and knee. Prieto sued Jacob Pruett and Keith Pruett, the believed owner of Jacob Pruett’s vehicle. Prieto alleged Jacob Pruett was negligent in the operation of vehicle and that Keith Pruett was vicariously liable for Jacob Pruett’s actions. Specifically, Prieto claimed that Jacob Pruett impeded his right of way and caused the subject accident. The defendants conceded liability., Prieto sustained a fractured left tibia and left fibula, and was subsequently taken via ambulance to Fresno Community Hospital. Initially, an external fixator was placed on his leg at the hospital, but 20 to 25 days later, he underwent open reduction and internal fixation with the placement of plates and screws. Prieto claimed that he has ongoing swelling and pain with activity. He alleged that as a result, he is no longer able to run or jog, and that he was out of work for a year. Prieto also claimed that because he could not raise money for the grant he was working on, the grant was terminated and that he now has other employment. In addition, Prieto claimed that he will require additional medical care and treatment, including the removal of the hardware, pain medication and a knee replacement. Thus, Prieto claimed $116,900.05 in past medical costs, $375,000 in future medical costs, and $93,590 in lost wages. He also sought recovery of damages for his past and future pain and suffering. The defense’s expert orthopedic surgeon agreed that Prieto’s past treatment and care were reasonable.
COURT
Superior Court of Fresno County, Fresno, CA
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