Case details

Skateboarder struck in crosswalk required leg amputation

SUMMARY

$3300000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, face, facial, fracture, fractures head, head, leg, legs, nose, traumatic brain injury
FACTS
On March 17, 2013, claimant Patrick Domato, an unemployed 24 year old, was skateboarding home from a friend’s home in Santa Clarita. As he skateboarded up to the intersection of Decoro Drive and Grandview Drive and entered the crosswalk, he was struck by a vehicle operated by Steven Klone. As a result, Domato was thrown approximately 40 feet, and he sustained to his head and legs. Domato brought a claim against Klone, alleging that Klone was negligent in the operation of his vehicle. Klone’s insurance carrier agreed to settle by tendering its $100,000 policy limit. Domato then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Chartis Inc., also known as Chartis Property and Casualty. The matter proceeded to arbitration. Claimant’s counsel contended that Klone should have seen Domato walking across the intersection within the crosswalk and that Klone ignored multiple visual cues, including brake lights from another vehicle stopped at the intersection. Counsel asserted that Klone was likely timing/anticipating the traffic light as he approached the intersection and that Klone never saw Domato, in that Klone struck Domato without slowing or braking. Claimant’s counsel contended that there was anywhere from 10 to 12 seconds that passed from the time Domato stepped off the curb to the time he was struck. Thus, counsel asserted that Klone had a clear line of sight of the well-lit intersection and would have had up until approximately 3.5 to four seconds prior to impact to take evasive action and avoid the collision. Thus, claimant’s counsel asserted that Domato should have been visible within the crosswalk to Klone for six to seven seconds, if Klone had properly scanned the intersection prior to entering it at approximately 35 mph. Chartis’ counsel disputed Domato’s contentions, nothing that the police report and investigation of the accident determined that Domato was at fault for the pedestrian/vehicle collision. Counsel asserted that Domato ran in front of Klone’s vehicle while the light was red and with a “Don’t Walk Symbol” for Domato’s direction of travel. Counsel also noted that Klone claimed that he had a green light at the time of the impact. Chartis’ counsel presented various witnesses who testified that Domato began walking across the intersection while the light was green for his direction of traffic, but that when Domato was approximately halfway through the intersection, the traffic light controlling vehicular traffic on east/west Decoro Drive turned from red to green. Witnesses further claimed that Domato then began to run to get across the intersection and that in doing so, he ran in front of a stopped Mustang in the number 1 lane and into the number 2 lane, where Klone was traveling. Klone claimed that he obtained a visual of the intersection from 150 yards away and was traveling at approximately 35 mph when the light turned green for his direction of travel. However, he claimed he did not see Domato in the crosswalk and did not see him until the moment of impact, when Domato ran out from behind the stopped Mustang. Thus, Klone alleged that Domato was responsible for the accident because he failed to look and see that there was oncoming traffic as he walked against a red pedestrian signal and then he darted out from behind a stopped car., Domato suffered complex fractures to both legs, a non-displaced fracture of the left occipital bone, and a mild traumatic brain injury. He was subsequently taken by ambulance to a hospital, where he underwent open reduction and internal fixation surgeries to each leg within five days of accident. However, the fracture to his right leg was so severe that it developed recurrent infections over the next two months. As a result, he required a through-the-knee amputation of his right leg on June 1, 2013. Domato now walks with a prosthetic leg. Chartis’ counsel disputed the extent of Domato’s brain injury and asserted that Domato no longer suffered any symptoms from his concussion.
COURT
Matter not filed, CA

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