Case details

Sport utility vehicle injured pedestrians on sidewalk





Result type

Not present

blunt force trauma to the head, brain, brain injury, chest, emotional distress, face, fracture, head, internal bleeding, leg, mental, nose, psychological, pulmonary, rib
On the afternoon of Sept. 7, 2010, plaintiff Hye Ock Lee, 52, a nurse, and her son, plaintiff Jae Han Shin, 21, were walking east on the southern sidewalk in front of 221 Drummond Drive in Hayward, the gated subdivision where they lived. At approximately 1:45 p.m., a sport utility vehicle operated by Florbele Desouza, who was westbound on Drummond Drive, veered into the eastbound lane and struck the southern concrete curb. As the vehicle hopped the curb, Shin was able to dive out of the way, but fractured his nose in the process. However, Lee was struck by the SUV and sustained to her head, right lung, left leg, liver, and ribs. Lee and Shin sued Desouza, alleging the defendant was negligent in the operation of her vehicle. Lee and Shin claimed Desouza, without warning, veered into the eastbound lane, jumped the curb and headed straight at them. They claimed that the vehicle then crashed into Lee with enough force to be launched her into a bush at 221 Drummond Drive. They further claimed that after the initial impact, Desouza’s vehicle continued, with a flat tire, through the yard, uprooting two small landscaping trees, before finally coming to a rest after hitting a concrete stucco mailbox stand further down the road. Desouza did not argue or admit liability for the accident., Both Lee and Shin were taken from the scene of the accident by ambulance and brought to an emergency room. Shin suffered fractured his nose during the accident. He also claimed his legs were sore as a result of diving out of the way of the SUV. Shin further claimed he suffers emotional distress as a result of witnessing his mother being severely injured. Lee suffered blunt force trauma to her head, causing bleeding of the brain. She also suffered a fractured left femur, a lacerated liver, and a fractured rib, resulting in a collapsed right lung. Over the course of 2.5 years, she underwent multiple surgeries to treat her femur with internal fixation, hardware removal, and replacement of a titanium rod as a result of a failed union. Lee claimed that her femur surgeries have all been unsuccessful and that she is considering possible experimental treatment to revise the rod in her femur. She also claimed she will require additional femur treatment, including bone grafting and possible bone morphogenic protein injections to enhance her healing. Prior to the accident, Lee had just completed a course of treatment for cancer that included chemotherapy and ongoing medications. She claimed that the medications she was given to treat her cancer were causally related to her struggles to recover from her femur fracture. She also claimed she was in the process of returning to work as a nurse when the accident occurred, but that as a result of her ongoing disability, she was unable to do so. Hyung Shin, husband to Jae Han Shin and father to Lee, originally filed a loss of consortium claim, but the claim was ultimately dismissed.
Superior Court of Alameda County, Hayward, CA

Recommended Experts


Get a FREE consultation for your case