Case details

Plaintiffs claimed injuries after officer made an unsafe U-turn

SUMMARY

$700000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, fracture, herniated disc, lower back
FACTS
On Oct. 29, 2017, plaintiff Christopher Mays, a man in his 20s, was driving east on State Route 94, also known as Campo Road, in Jamul, with his wife, plaintiff Kalie Mays, a McDonald’s worker in her 20s, in the front passenger seat. As they were passing a vehicle that was on the side of the road, its operator, San Diego police officer Antonio Padilla, attempted a U-turn in front of them, resulting in a collision. Mr. Mays sustained to his back and a shoulder, while Ms. Mays sustained to her hip, an ankle and lower back. The Mayses sued Padilla and Padilla’s employer, the county of San Diego. The Mayses alleged that Padilla was negligent in the operation of his vehicle and that the county was vicariously liable for Padilla’s actions. During his deposition, Padilla admitted liability for the accident., Mr. Mays sustained soft tissue to his back and a shoulder. He did not go to a hospital, but later treated with an orthopedist and a physical therapist. His ultimately resolved. Mr. Mays sought recovery for his past medical costs, and for his past and future pain and suffering. He also sought recovery for his loss of consortium as a result of his wife’s . Ms. Mays sustained a medial malleolar fracture of an ankle, a torn labrum in a hip and a herniated lumbar disc at the L5-S1 level. She presented to a hospital later that night and her injured ankle was placed in a cast. She later underwent surgery to repair the labrum tear. Ms. Mays claimed that a fusion surgery was recommended to treat her lumbar herniation, but that that she has not undergone the procedure yet. She also claimed that she has not been able to return to work since the accident and that she can now only work a desk job as a result of her . Ms. Mays sought recovery for her past and future medical costs, past and future loss of earnings, and past and future pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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