Case details

Struck pedestrian suffered leg and hand fractures





Result type

Not present

fracture, hand, left femur, left leg, middle, non-dominant hand, ring fingers left
On May 13, 2013, plaintiff Stephanie Murillo, a 19-year-old student, was crossing a street in Fairfield. Prior to entering the intersection, Murillo changed the music on her cell phone, which was being played at approximately half volume through earphones. At the same time, a vehicle operated by Brian Stafford was making a left turn. Stafford did not initially notice Murillo, who was crossing with the light, and the vehicle came to rest on Murillo’s left hand. Murillo suffered to her left leg and hand. Murillo sued Stafford and Stafford’s employer, ChemSW Inc. Murillo alleged that Stafford was negligent in the operation of the vehicle and that ChemSW Inc. was vicariously liable for Stafford’s actions while in the course and scope of his employment. Specifically, she claimed that at the time of the accident, Stafford was driving from the ChemSW Inc. facility to his home office to conduct a meeting. Defense counsel argued that Murillo was comparatively at fault, as she was operating her cell phone at the time of the incident. Counsel for ChemSW Inc. contested whether Stafford was working in the course and scope of his employment at the time that the incident occurred., Murillo sustained a fracture of the left femur. She also sustained a degloving and fractures of the middle and ring fingers of her left, non-dominant hand. Murillo was subsequently taken by ambulance to a hospital. For repair she underwent an intramedullary nailing surgery, during which a metal rod was inserted into the marrow canal of Murillo’s femur and then screwed into place. Pins were also inserted into Murillo’s middle and ring fingers. The wounds in her left hand were then irrigated, sutured, dressed, and splinted. Murillo then underwent a Z-plasty, a versatile plastic surgery technique that is used to improve the functional and cosmetic appearance of scars. The procedure was performed on her middle and ring fingers in order to provide greater range of motion. Murillo claimed that despite surgery, she will continue to experience difficulty with her pinch and grip strength in her left hand.
Superior Court of Solano County, Solano, CA

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