Case details

Street sweeper’s illegal U-turn caused crash, bicyclist claimed

SUMMARY

$3750000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
acetabulum, bladder, chest, fracture, hip, pelvis, rectum, rib, ribs
FACTS
On Dec. 13, 2012, just after midnight, plaintiff Jay Korber, 31, a video editor, was riding his bicycle on Brannan Street, in San Francisco, when he was struck by a street sweeper vehicle operated by Timothy Cresci, who was attempting a U-turn at the intersection with 5th Street. Korber was subsequently dragged 15 feet by the street sweeper, resulting in multiple to his pelvis, ribs, bladder, and rectum. Korber sued Cresci, and the owner of the street sweeper, which was also Cresci’s employer, the city and county of San Francisco. Korber alleged that Cresci was negligent in the operation of the vehicle and that the city was liable for Cresci’s actions through the course and scope of his work. Plaintiff’s counsel contended that Cresci made an illegal U-turn, which was part of the route provided to Cresci by the city. Counsel argued that Cresci struck Korber as Cresci began the U-turn, and then completed the turn even though onlookers were yelling at Cresci, flashing their lights, and honking at him to stop. Defense counsel argued that Korber was comparatively at fault for failing to wear the required light and/or reflectors on his bicycle at the time of the accident. Counsel further argued that blood testing at the hospital showed that Korber was over the legal limit of alcohol intoxication to drive or ride a bicycle., Korber sustained multiple fractures of his pelvis, including an open book pelvic fracture, a comminuted left transverse acetabular fracture, open pubic bone (ramus) fractures, closed sacroiliac disruption fractures, and closed fractures of multiple other pelvic bones. He also sustained a right sacroiliac joint dislocation, a ruptured bladder, a torn rectum, a small bilateral pneumothorax, a non-displaced fracture of the seventh rib, ecchymosis of the right arm and lower abdomen, and road rash /abrasions to his entire body. Korber was subsequently taken by ambulance to the emergency room at San Francisco General Hospital, where his open book fracture was treated with external fixation, while his acetabular fracture was treated with a femoral traction pin. He also underwent open reduction surgery with the placement of fixation hardware for his pelvic on Dec. 20, 2012. In addition, Korber underwent surgical repair of the ruptured bladder and a colostomy on Dec. 13, 2012, and underwent surgical fixation of the right sacroiliac joint dislocation with the placement of three screws on Dec. 16, 2012. In April 2013, Korber underwent a procedure to reverse the colostomy under general anesthesia, which required a three-day hospitalization. He then underwent additional surgery to remove some bony overgrowth (heterotopic ossification) in his hip and to remove fixation hardware from his hip in August 2013. Korber claimed that he resumed working part-time less than three months after the accident, but that he had to work from a hospital bed in his apartment. He also claimed he was not able to return to work full-time until September 2013. Korber further claimed that he has since recovered sufficiently enough to resume playing ice hockey in a league, but that he now has residual urogenital (erectile) functional impairment. Thus, Korber sought recovery of $1,018,265.19 in past medical costs, $146,682.75 in future medical costs and $22,532.47 in past lost earnings. He also sought recovery of damages for his past and future pain and suffering. Defense counsel did not dispute the reasonableness or necessity of Korber’s alleged medical treatment.
COURT
Superior Court of San Francisco County, San Francisco, CA

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