Case details

Suit: Pedestrian struck by taxi suffered multi-system trauma

SUMMARY

$2000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
clavicle, face, fracture, head, language, left leg, left shoulder, leg, pelvis, sensory, shoulder, speech
FACTS
On Sept. 12, 2010, at approximately 3 a.m., plaintiff Tanya Thienngern, 42, a teacher, left the Supperclub, a night club located on Harrison Street in the South of Market Street (SoMa) area of San Francisco, with some friends. They then lingered outside on the south sidewalk of Harrison Street, approximately 30 feet west of the intersection with Hawthorne Street, for 10 to 20 minutes, mingling and talking to people. During this time, Thienngern walked across Harrison Street to speak to a few people on the north sidewalk. A few minutes later, Thienngern began to walk back across Harrison Street, from the north sidewalk toward the south sidewalk. However, after crossing 3.5 lanes of Harrison Street, she was struck by a Ford Fusion taxicab driven by Gardarshan Ratoul. Thienngern was struck by the right side of Ratoul’s cab, approximately 60 feet west of the intersection of Harrison Street and Hawthorne Street, causing Thienngern to roll up onto the hood and hit the windshield, smashing it. She was then thrown into the air, landing approximately 20 feet in front of where the cab stopped. Thienngern claimed multiple-system trauma with to her left shoulder, left leg, pelvis, face, and head. She also went into cardiac arrest at the emergency room. Tanya Thienngern’s mother, Debra Thienngern, acting as her daughter’s guardian ad litem, sued Ratoul; the owner and operator of the taxicab, Yellow Cab Cooperative Inc.; and the company that leased the cab to Ratoul, Taxi Equipment Leasing, LLC. Debra Thienngern alleged that Ratoul was negligent in the operation of the cab and that Yellow Cab and Taxi Equipment were vicariously liable for Ratoul’s actions. Plaintiff’s counsel asserted that Ratoul was primarily at fault for the accident. Counsel contended that at the time of the accident, Ratoul was approaching the end of an eight hour shift and that, having gone without a fare for a half an hour, Ratoul was in a hurry to get to an area where he could find a fare. Plaintiff’s counsel contended that as a result, Ratoul sped along Harrison Street at upwards of 45 mph, when the speed limit was 30 mph, barely stopping for red lights and running through yellow ones. Counsel also contended that as Ratoul sped through the yellow light at the subject intersection, straddling the first and second westbound lanes of Harrison Street, Ratoul was driving at a high rate of speed while scanning the sidewalk to his left. Plaintiff’s counsel asserted that as a result, Ratoul did not see Tanya Thienngern, who was wearing a bright colored top and flashy metal belt, walking across the roadway on his right side until after he hit her. Counsel further asserted that Ratoul did not apply his brakes until after the impact occurred. Defense counsel asserted that Tanya Thienngern was primarily at fault for the accident by suddenly stepping into the path of a moving vehicle. Counsel contended that Ratoul was driving in the center lane of Harrison Street with his headlights illuminated and that he had just passed through the subject intersection on a green light, but that when the cab was about 60 feet west of the intersection, Thienngern stepped directly in front of the cab, causing the collision. Defense counsel further asserted that Thienngern was in the middle of the block, attempting to cross the street outside of an available crosswalk, in violation of Vehicle Code § 21955. Counsel contended that as a result, Ratoul never saw Thienngern and that Thienngern clearly had the last chance to avoid the accident. Additionally, defense counsel contended that Thienngern was intoxicated at the time of the accident, as emergency room records showed that she tested positive for alcohol, cocaine, and methamphetamine., Tanya Thienngern was taken by ambulance to an emergency room. While being taken for a CT scan to assess the full extent of her , she suffered pulseless electrical activity, a form of cardiac arrest. Thienngern then had an emergency cricothyroidotomy (an incision in her throat), and was thereafter taken to the operating room for a full cricothyroidotomy for an implantation of a breathing tube and the placement of a catheter in her chest area. Thienngern suffered severe and permanent as a result of the accident, including multi-system trauma, an acute non-displaced comminuted fracture of the left lateral clavicle, a left femur fracture, bilateral pelvic fractures, a left parietal hematoma and tissue swelling, and bilateral comminuted pubic bone fractures. In addition, she suffered multiple facial abrasions and bleeding from the back of her head. Thienngern was subsequently hospitalized from Sept. 12, 2010, to Oct. 15, 2010. During this time, she underwent several surgeries, including an external fixation of her pelvis and left femur, as well as a placement of a left tibial traction pin, intramedullary rod fixation for her left femoral shaft fracture, a pin fixation of the bilateral pubic rami fractures, and a placement of a feeding tube. On Oct. 15, 2010, Thienngern was transferred by ambulance to Kentfield Rehabilitation and Specialty Hospital, in Kentfield, where she underwent intensive rehabilitation. On Feb. 9, 2011, Thienngern was discharged from Kentfield to Care Meridian in Garden Grove to be near her parents. However, she fell from her bed at Care Meridian on Feb. 21, 2011, and suffered a left hip fracture that was surgically repaired at Long Beach Memorial Hospital, in Long Beach. On Feb. 25, 2011, Thienngern was discharged from the hospital and transferred back to Care Meridian for further rehabilitation. On March 26, 2011, Thienngern was discharged from Care Meridian to her parent’s home. Since moving in with her parents, Thienngern has required around-the-clock care, primarily provided by her mother, as she is now a disabled and dependent adult. In addition, she has received, and continues to receive, medical care as well as occupational, physical and speech therapy. Thus, plaintiff’s counsel contended that Thienngern requires $1,398,094.70 in past medical costs and $5,125,000 in future medical costs and care. Counsel also sought to have Thienngern recover damages for her pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA

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