Case details

Plaintiff knocked down in parking lot, claimed knee injury





Result type

Not present

On April 10, 2009, at approximately 11:30 a.m., plaintiff Milton Davis, a retired 72 year old, was walking on a crosswalk in the parking lot of a shopping center in Mountain View when he was struck by a vehicle driven by Devendra Kumar, who was backing up his vehicle at approximately 10 miles per hour. Davis fell to the ground and Kumar reportedly drove away from the scene following the accident. Davis claimed the impact aggravated his previously existing knee . Davis sued Kumar, alleging that the defendant was negligent in the operation of his vehicle. According to Davis, Kumar continued to back out of the parking space in the parking lot at too fast a speed until his vehicle struck him. Kumar contended that he was slowly backing out of a parking space, and did not see Davis walking behind him. He claimed that he only bumped Davis with his vehicle, which knocked Davis to the ground., Paramedics were called to the scene of the accident, but Davis declined to be transported to a hospital at that time. However, his daughter later transported him to Kaiser Permanente Medical Clinic in Santa Ana. Davis claimed the accident caused an aggravation of a torn meniscus in his right knee. He subsequently underwent arthroscopic surgery to treat his injury. Davis claimed that although the injury had resolved, he experienced lasting conditions of pain, stiffness and fluid build-up. Thus, Davis sought recovery of medical specials in the amount of $22,175, which was not disputed by defense counsel. Plaintiff’s counsel also asked the jury to award Davis $150,000 in additional damages. Defense counsel contended that one month before the accident, Davis underwent an arthroscopic procedure for the torn meniscus, which Davis claimed was aggravated by the accident. However, the defense’s expert orthopedic surgeon opined that the fluid build-up in Davis’ knee was not caused by the low-speed accident.
Superior Court of Santa Clara County, San Jose, CA

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