Case details
School failed to provide traffic control inside courtyard: family
SUMMARY
$1025000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
depression, disfigurement, emotional distress, fibula, fracture, fractures of the right tibia, knee, leg, leg knee, legs, mental, psychological, scar, tibial plateau
FACTS
On Dec. 11, 2011, plaintiff Carey Chin, 52, a cashier, was walking with his family — which included his daughter, plaintiff Sabrina Chin, 6; his wife, plaintiff Fay Li, an accountant; and his son, plaintiff Brendan Chin, 12, — in an enclosed courtyard area on the grounds of Presidio Middle School, in San Francisco, after a Winter Orchestra event. The school allowed motor vehicles to park on the campus playground and courtyard areas. Subsequently, Leonard Ho attempted to maneuver his vehicle out of a small, enclosed courtyard area and struck Mr. Chin and Sabrina, causing Sabrina to be knocked to the ground and become stuck under the vehicle, while Mr. Chin became pinned between the vehicle and a wooden bench. As a result, Mr. Chin sustained to both legs and Sabrina sustained to a knee. Ms. Li and Brendan, who witnessed the event, heard Sabrina’s screams and saw her under the vehicle. Ms. Li and her son also saw Mr. Chin pinned between the car and the bench, as well as saw two others struck by the vehicle. Mr. Chin and Ms. Li, acting individually and on behalf of Sabrina and Brendan, sued Ho and the school’s operator, the San Francisco Unified School District. Plaintiffs’ counsel contended that Ho was negligent in the operation of his vehicle. Counsel also contended that the school district was negligent for allowing vehicles to park inside the courtyard without providing traffic or pedestrian control, guidance, or protections. Thus, counsel contended that the school district created a dangerous condition of public property in violation of Government Code §§ 830 and 835., Some adult attendees to the Winter Orchestra event at Presidio Middle School were able to somehow lift the vehicle off of, and away from, the injured people, and 9-1-1 was called. Mr. Chin and Sabrina were both taken by ambulance to San Francisco General Hospital, in San Francisco. Mr. Chin sustained fractures of the right tibia and fibula. He also sustained a fracture of the left tibial plateau. In addition, he suffered a severely painful build-up of pressure in his left, lower leg due to tissue damage and the accumulation of blood and fluid from the trauma. The compartment syndrome present in the anterior and lateral compartments was treated by surgically incising the fascia, or connective tissue surrounding the muscles, to relieve the pressure. The tibial plateau/diaphysis fracture was treated by the temporary placement of an external fixator, which involved the placement of multiple pins into the femur, or thighbone, and into the tibia, and then tightening the external fixator frame in order to hold the fractured bone in place. Mr. Chin’s tibia and fibula fractures were open, and required irrigation and debridement. The fibula fracture was treated by the insertion of a long screw inside the length of the bone. Multiple pins were then driven into the tibia, calcaneus and medial cuneiform, and attached to external fixator bars and a frame, which stabilized both fractured bones. The incisions on both legs were closed with a combination of staples and sutures, covered with gauze, and wrapped. A wound vacuum was also placed over the left leg fasciotomy site. Mr. Chin was discharged from San Francisco General Hospital the next day, on Dec. 14, 2011, and transferred by ambulance to Kaiser Permanente South Sacramento Medical Center, in Sacramento, for additional surgeries. The medical center was initially dedicated to the management of Mr. Chin’s severe, bilateral leg pain with the administration of PCA (patient controlled analgesia) morphine, and edema control on Dec. 14, 2011, and Dec. 15, 2011. Mr. Chin then had his first surgery on Dec. 16, 2011, and the second surgery on Dec. 19, 2011. He was then transferred by ambulance to a skilled nursing facility in San Francisco the next day. The next 17 days were spent at this skilled nursing facility in San Francisco, where Mr. Chin underwent pain control, surgical wound care, passive range of motion, and transfer and mobility training. Mr. Chin claimed that nightmares about the traumatic event were a frequent problem and that he required extensive assistance by the staff of the skilled nursing facility in order to move to and from a lying position, and to transfer from a bed to a wheelchair. He also claimed that walking remained impossible due to the bilateral lower leg fractures, so he had to be confined to a bed and wheelchair during that period. On Jan. 6, 2012, Mr. Chin was transferred to his home, where he required a hospital bed, a wheelchair with extended leg rests, and a portable commode. He had clinical visits at Kaiser, and then had five months of physical therapy. By August 2012, he was walking without the use of a cane on level surfaces, and used a left shoe heel lift and a right shoe full-sole lift. However, Mr. Chin claimed that both of his knees had limited flexion, both of his ankles had limited dorsiflexion, and the left ankle/foot had a plantar flexion contracture, which he still has today. He claimed that his left knee pain and swelling had improved, but the ankle stiffness, nerve pain, numbness, and altered gait remained. Mr. Chin claimed that his past medical expenses totaled $252,686. Sabrina was placed in full spinal immobilization, given nasal cannula oxygen, placed in an ambulance with her mother, and transported to San Francisco General Hospital. Sabrina suffered bilateral leg pain, abrasions, and right pelvis pain, as well as a skin tear over the bridge of her nose. She allegedly could not walk or bear weight because of pain. Sabrina was ultimately determined to have a sprained knee, and she was admitted to the pediatric unit early the next morning, on Dec. 14 2011, where she remained until discharge from the hospital on the evening of Dec. 15, 2011. While in pediatrics, she remained confined to bed, and received Lortab for pain control. Pediatric knee/leg immobilizers were placed on both legs on Dec. 15, 2011, and they were to be worn for one week. Before discharge, Li was instructed about bed mobilization and wheelchair transfers of her daughter at home. A pediatric wheelchair with elevating leg rests was ordered for home use, and an ambulance was required for the transfer from the hospital to home because Li feared she could not safely carry Sabrina up the front stairs into their home. As a result, St. Joseph’s Ambulance Service was used for the transfer from hospital to home, as well as for subsequent trips to health care providers. In addition, a two-week supply of acetaminophen/hydrocodone pain medication was provided. Once at home, Sabrina remained confined to her bed and wheelchair, with the leg braces in place. Sabrina claimed that while at home, her legs were swollen and painful. As a result, an acupuncturist and Chinese herbalist came to the house seven times over the first two weeks to provide therapeutic acupressure message for the pain. Sabrina also claimed that while she was confined to her bed and wheelchair, she suffered from depression and sadness for many months. Thus, on Dec. 23, 2011, her mother took her to a therapist for evaluation, and Sabrina was diagnosed acute post-traumatic stress disorder. Sabrina was then scheduled for 10 therapeutic sessions, which occurred in January, February, and twice in March 2012, with the last session being on March 6, 2012. Sabrina had her first physical therapy session for her right knee on Jan. 3, 2012, at which time the therapist noted pain at the right knee wound site, swelling, and pain with bending and straightening. Over the course of 11 sessions, Sabrina was able to slowly regain right knee range of motion, leg strength, standing ability, balance, and normal gait. However, she claimed that stairs were particularly difficult for her, for fear of losing balance and falling. Sabrina returned to school in mid-January 2012, but she could not walk normally until late February 2012, around the time of her last physical therapy session, which was on Feb. 22, 2012. She also claimed that she could not run or participate in physical education for the rest of the school year. Sabrina is left with scarring at the right, medial knee, and a plastic/reconstructive surgeon found that the scar may be permanent. The surgeon opined that hyperpigmentation may somewhat fade with two to three treatments of intense pulse light, but that the hypertrophic nature of the scar will not improve. Thus, Sabrina claimed that the presence of the scar is very troubling to her and that she is embarrassed to wear clothes that reveal it. She alleged that the scar is a constant reminder of the horrible and traumatic accident. Thus, Sabrina claimed that her past medical expenses totaled $37,423. Li and Brendan claimed that they each suffered emotional distress as a result of witnessing the event. Li alleged that she stayed with Sabrina at the hospital out of fear that her daughter had sustained severe and possibly crippling orthopedic . She also claimed that she stayed with her daughter while she was confined to their home during the early part of Sabrina’s recovery, but that she was forced to return to work as an accountant after using up her vacation time and sick leave. Li alleged that with her husband being disabled from work, she could not take more time off and had to hire babysitters, as well as home care for Mr. Chin. Brendan, who is autistic, suffered from post-traumatic stress disorder from witnessing his dad and sister being injured. He subsequently received treatment from a therapist between Dec. 23, 2011, and March 16, 2012.
COURT
Superior Court of San Francisco County, San Francisco, CA
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