Case details

Taxi driver accelerated before it was safe to do so: passenger

SUMMARY

$181000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
ankle were run over, foot
FACTS
On April 29, 2011, at approximately 11 p.m., plaintiff Andrea Shorter, 45, a San Francisco Commissioner and Political Activist, was a passenger in the rear of a taxi owned by AAA Taxi Cab Association and operated by Djamel Chettouh As Shorter was exiting the taxi, which was picking up a fare at the intersection of 12th Street and K Street, in Sacramento, Chettouh began to accelerate forward. As a result, Shorter’s right foot became caught in the taxi, causing her to be dragged along the ground by the taxi. Eventually, she was ejected from the cab, and her right foot and ankle were run over. Shorter sued AAA Taxi Cab Association and Chettouh. She alleged that Chettouh was negligent in the operation of the taxicab and that AAA Taxi Cab Association was vicariously liable for Chettouh’s actions. However, AAA Taxi Cab Association and Shorter were never able to later locate Chettouh. Shorter claimed that Chettouh accelerated forward without ensuring that she was fully and safely out of the vehicle. Thus, she contended that Chettouh was negligent for driving the vehicle before it was safe to do so. Defense counsel contended that Shorter should have exited out onto the sidewalk, instead of the street., Shorter sustained an open fracture of the right ankle. She was subsequently taken by ambulance to UC Davis Medical Center, in Sacramento, where X-rays revealed a complex comminuted intraarticular fracture of the distal tibia and fibula. Shorter was then transferred to Kaiser Permanente’s South Sacramento Medical Center, where she underwent an open reduction surgery using a plate and six screws. It then took Shorter approximately 11 months to become fully weight-bearing. Shorter claimed that although it’s over three years post-accident, she still has residual swelling and pain in the right ankle. She alleged that as a result, she cannot walk even moderate distances without pain or discomfort and that she cannot do her prior recreational activities, such as tennis and bicycling. The plaintiff’s expert orthopedic surgeon opined that Shorter had signs of arthritis in her right ankle due to the fracture and that Shorter would need injections and a total ankle replacement during her lifetime. The expert also estimated Shorter’s future medical costs to amount to as much as $150,000. Thus, Shorter sought recovery of $40,257.29 in past medical costs and $150,000 in future medical costs. She also sought recovery of damages for her past and future pain and suffering. Defense counsel contended that Shorter’s treatments were responsible for her .
COURT
Superior Court of Sacramento County, Sacramento, CA

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