Case details

Plaintiff: Deputy’s failure to clear intersection caused crash

SUMMARY

$3000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, concussion, depression, head, headaches, insomnia, mental, psychological, sensory, speech, vertigo
FACTS
At around 7 p.m. on Jan. 30, 2016, plaintiff Joshua Peoples, 38, a warehouseman, left his home in Oakland to visit a friend. As Peoples was driving through the intersection of East 31st Street and 14th Avenue, in Oakland, on a green traffic light, his vehicle was broadsided by an Alameda County sheriff’s deputy, who entered the same intersection against a red light. Peoples claimed he sustained a head injury. After Peoples’ administrative government claim was rejected, he sued the Alameda County and the County Sheriff’s Office. Peoples alleged that the deputy was negligent in the operation of his vehicle and that county and sheriff’s office were liable for the deputy’s actions. The sheriff’s office was ultimately let out of the case, as the deputy was employed by the county. Following the depositions of several sheriff’s department employees, plaintiff’s counsel contended that the deputy had failed to ensure the intersection was “clear” prior to entering it, despite having his lights and sirens activated. Thus, counsel contended that the deputy was the sole cause of the collision. The plaintiff’s site inspection and analysis expert opined that obscured sight lines made it impossible for Peoples to have seen the deputy coming until he was already in the intersection and that the abundance of emergency vehicles in the area made distinguishing a single siren next to impossible. The county denied any liability. It claimed that the deputy was compliant with the established policies and procedures for responding to a felony stop. It also claimed that Peoples was at fault for failing to hear the siren and/or see the flashing lights, and failing stop his vehicle prior to entering the intersection. However, approximately one month before trial, the county admitted to liability., Peoples claimed he lost consciousness after the accident. When he regained consciousness a few minutes later, he was immediately taken from the scene by ambulance and brought to Highland Hospital, in Oakland. He was determined to have suffered a ruptured ear drum and a concussion. He subsequently developed persistent post-concussive syndrome with symptoms including, but not limited to, headaches, vertigo, insomnia, and depression. He was also diagnosed with a neurocognitive disorder. Following his emergency care, Peoples was prescribed physical therapy. He thereafter was followed primarily by a neurologist, who managed a course of prescription medications in an effort to mitigate Peoples’ symptoms. Peoples claimed that his condition had somewhat improved, but that he continues to suffer from insomnia, chronic headaches and vertigo, which is made worse by sudden movements, including moving his head up or down. He had been out of work since the incident and has not been cleared to return to his former position in the warehouse given his difficulties with bending, stooping, and reaching. Peoples claimed that in order to return to work, he needs to find full-time or part-time sedentary work and that he is exploring his options on that front. He is also seeking psychological counseling to cope with the wholesale changes to his life. However, no other future medical treatment is indicated at this time, as his condition, more likely than not, is permanent. Thus, Peoples sought recovery of $24,016.68 in past medical costs and approximately $57,565 in future medical costs. He also sought recovery of lost wages and damages for his past and future pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA

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