Personal Injury News: Pick Of Last Month: Mar-2024
Sacramento Settles $1.5M for Woman Hit by City Vehicle
In a recent development, the city of Sacramento has disbursed a $1.58 million settlement to a woman whose vehicle was involved in a collision with a city employee back in 2018.
Allegedly, the former Department of Public Works employee, driving a city vehicle in midtown, ran a red light, leading to the accident. Filed in 2019 at the Sacramento County Superior Court, the lawsuit outlined the incident, detailing how the woman, stopped at the intersection of 16th and Q streets, was hit by the defendant as she proceeded through the intersection on a green light.
The collision resulted in "significant injuries," according to the lawsuit. Notably, the defendant, identified as a former assistant civil engineer for the Public Works Department, ceased employment with the city by at least 2022. Despite repeated attempts, the city spokesperson refrained from commenting on the matter.
This settlement, totaling $1,585,000, was formalized by the city last month and subsequently made public on the city's website. This move is part of the city's broader initiative to enhance transparency, initiated in 2021, wherein all settlement agreements are now posted online for public access.
Santa Barbara Cyclist Wins $3.8M Against Caltrans
On January 3, 2021, a motorist struck the plaintiff, the last of four cyclists, from behind.
The driver claimed she felt squeezed by another car and inadvertently entered the bike lane, which merges into the slow lane of traffic on the bridge and narrows to a 12-inch shoulder. The plaintiff, aged 84 at the time, suffered severe injuries including a compound leg fracture, seven broken ribs, a punctured lung, and a compression fracture to his spine.
Fortunately, he avoided head injuries, thanks to his helmet. Despite weeks in the hospital and regaining the ability to walk with the aid of leg hardware, he decided to give up cycling, a passion since he was 19.
In a landmark decision on March 20, a Santa Barbara jury unanimously awarded the plaintiff $3.8 million in a negligence lawsuit against Caltrans, the owner and operator of Arroyo Quemada Bridge, and the driver, a 68-year-old Buellton resident. The allocation of this payment between the two parties will be determined in a subsequent hearing.
Of notable significance, the jury declared the 400-foot bridge, a segment of the state’s official Pacific Coast Bike Route, as a "dangerous condition of public property." They found Caltrans guilty of failing to adequately warn motorists of this hazard, labeling it a "concealed trap." Despite Caltrans' installation of numerous signs around the bridge, none alerted drivers to the possibility of cyclists occupying the slow lane.
Throughout the two-week trial, the plaintiff's legal team presented evidence indicating Caltrans' long-standing knowledge of the bridge's dangers. Discussions with Santa Barbara County officials in 1999 and 2011 regarding safety improvements were highlighted. Despite assurances from Caltrans to address the issues, including plans for a new cantilevered bike lane, construction never commenced.
A crucial witness for the plaintiff's case was a former county transportation planner present at the 1999 meeting. He testified that Caltrans was fully aware of the bridge's risks but failed to act on their promises to rectify the situation.
Now aged 87, the plaintiff expressed gratitude for the financial compensation but emphasized his greater concern for preventing future accidents. He hopes that the verdict will spur action to address the hazards posed by the bridge, ensuring the safety of cyclists and motorists alike, even if the changes may not occur in his lifetime.
Boston Settles $4.6M Wrongful Death Suit
The city of Boston has agreed to pay approximately $4.6 million to settle a wrongful death lawsuit following the police shooting of a mentally ill man in 2016.
Filed by the man's mother six years ago, the lawsuit aimed to prompt changes in how first responders handle individuals with mental illnesses. The man, diagnosed with schizophrenia, was fatally shot by Boston police after his mother called for an ambulance to take him to the hospital.
In a statement, the mother expressed her ongoing fight for accountability, emphasizing that while nothing can bring her son back, the settlement represents some form of justice. Boston city officials announced that approximately $3.4 million will go to the mother and the man's estate, with an additional $1.2 million covering legal expenses. The city acknowledged procedural failures that delayed the resolution and stated that the settlement does not imply liability.
Additionally, the city highlighted its investment in alternative response programs for mental health crises and affirmed its commitment to supporting mental health initiatives across neighborhoods.
This settlement underscores efforts to address systemic issues and improve responses to individuals experiencing mental health episodes, aiming to prevent similar tragedies in the future.
Motorcyclist awarded $11M in DWP lawsuit
In a verdict delivered on March 22 at Van Nuys Superior Court, a jury awarded over $11 million to a motorcyclist who suffered severe injuries in a collision with a Los Angeles Department of Water and Power (DWP) vehicle in 2019.
The plaintiff's attorney expressed gratitude for the jury's decision, highlighting the city's resistance throughout the legal process. Despite the DWP's plea for the plaintiff to be held fully accountable for the accident, the jury ruled in favor of the plaintiff, basing their decision on evidence and common sense.
Responding to the verdict, the DWP emphasized its commitment to public and employee safety, asserting that the plaintiff was traveling at a significantly high speed of 59 mph in a 35-mph zone. The DWP also mentioned considering options for appeal. In its court filings, the City Attorney's Office argued that the plaintiff had prior knowledge of the alleged danger and willingly accepted the associated risks.
According to the lawsuit, the incident occurred on April 12, 2019, when the plaintiff, then 38 years old, was riding his motorcycle in downtown Los Angeles. A DWP employee made an unsafe left turn in his van directly into the path of the plaintiff, resulting in a collision. The impact caused fractures to the plaintiff's pelvis, ribs, left wrist, and right foot, along with a lacerated spleen.
Following the accident, the plaintiff underwent extensive medical treatment, including two surgeries on his pelvis and wrist, and spent nearly four months in an inpatient rehabilitation facility. Over the subsequent years, he underwent three additional surgical procedures for his injuries, including a lumbar fusion and a wrist osteotomy.
The lawsuit asserts that the plaintiff will experience lifelong pain and physical limitations as a result of the accident. His attorneys presented evidence, including a video demonstrating the defendant's fault in the collision and testimony from the defendant acknowledging that he did not check for oncoming traffic before making the left turn.
The outcome of the trial reflects the jury's recognition of the plaintiff's suffering and the responsibility of the DWP employee in causing the accident. The substantial award aims to compensate the plaintiff for his medical expenses, pain, and ongoing challenges resulting from the collision.
City Settles for $12.5M with Driver Hurt in Makaha Crash
The Honolulu City Council has unanimously approved a $12.5 million settlement for the driver involved in a car crash allegedly caused by Honolulu police officers who fled the scene.
The settlement was filed on behalf of the man who suffered a traumatic brain injury in the crash that occurred in Makaha on Sept. 12, 2021. According to one of the plaintiff's attorneys, his client will "never work again" and will have to watch his children grow up without being able to participate in their activities. This settlement marks the second lawsuit settled against the city in connection with the crash that injured a total of six people. A previous lawsuit, filed on behalf of four critically injured passengers, was settled for $4.5 million last year.
The 38-year-old plaintiff, who was in a coma for about six weeks after the crash, sustained the most severe injuries. Described as resembling someone who suffered a severe stroke, he has almost no use of his left arm.
In the lawsuit, four Honolulu police officers are facing criminal charges, with one charged with causing an accident involving death or serious injury and three charged with hindering prosecution in the first degree and criminal conspiracy. They have all pleaded not guilty and are scheduled to stand trial on June 3. Three of the officers were discharged from the police department in February, and one received a three-day suspension last year.
The plaintiff's attorney aimed to settle the case before the criminal trial to avoid potential impacts on the damages awarded. He cited the plaintiff's toxicology report, which revealed alcohol and cocaine in his system, suggesting that a jury might have deemed him partially responsible for his injuries.
The plaintiff claimed he was pursued by a police car without lights or sirens and was struck from behind multiple times until his vehicle landed in a ditch. Prosecutors allege that the officers fled the scene, regrouped elsewhere, and returned, feigning ignorance about the incident.
The attorney argued that his client did not hit anyone and that the evidence suggests the officers intentionally collided with his car, without using lights or sirens, and then fled the scene. Meanwhile, a fifth passenger still has two lawsuits pending against the city, one in federal court and another in state court, as city lawyers have settled with all other parties except this client, according to the fifth passenger's attorney.
Lyft Inc. Settles $26M in Wilkes-Barre Crash
Lawsuit against Lyft and driver settles for $26M in Wilkes-Barre pedestrian crash
A civil lawsuit over a pedestrian crash in Wilkes-Barre involving a Lyft driver has been settled for over $26 million. Filed by the victim's sister in Lackawanna County Court, the suit stemmed from an incident on March 1, 2019, at South Wilkes-Barre Boulevard and East Northampton Street.
According to court documents, the Lyft driver, running late to pick up a fare, accelerated through a red light while driving south on South Wilkes-Barre Boulevard. Simultaneously, the victim was crossing the boulevard in a designated pedestrian crosswalk when he was struck by the driver's vehicle, a 2013 Ford Escape. The impact caused severe injuries, resulting in the victim requiring lifelong care and supervision.
Despite complaints against the driver, Lyft continued to employ him, alleging the lawsuit. The settlement, outlined in a structured agreement, provides the victim's sister with $20,150 per month guaranteed for 40 years, with potential payouts totaling $47.7 million.
Legal fees are estimated at $10 million. Tragically, the victim passed away on December 14, 2023, from injuries sustained in the crash.
$25.5M Settlement in Atlanta Taxi Wrongful Death
The spouse of a woman who tragically lost her life in a taxi accident over twenty years ago has been granted a $25.5 million settlement in a wrongful death lawsuit against the Atlanta-based taxi company.
On March 4, court documents confirmed that the jury reached this verdict in favor of the plaintiff in his legal action against Atlanta’s United Express Cab Company, the cab driver, and a City of Atlanta taxi inspector.
The plaintiff's attorney emphasized the gravity of the situation, stating, “The jury’s $25.5 million verdict underscores a grave breach of trust. The company’s fundamental obligation to safeguard taxi passengers was blatantly ignored.” The victim, a 51-year-old woman, met her demise in a crash while riding in one of the company’s taxis on I-85 on the night of January 29, 2003.
The driver lost control of the vehicle on the interstate, which had become slick following a recent rainstorm, near the Hapeville overpass in southwest Atlanta. This resulted in the vehicle crossing multiple lanes and colliding with a tree, leading to the woman's untimely death, according to court records.
Tragically, the woman was ejected from the vehicle and fatally injured. Court documents revealed that both of the taxi’s rear tires, which had passed a City of Atlanta inspection the day before, had insufficient tread. The driver had taken his cab to the Atlanta Taxi Bureau for its semi-annual inspection on January 28. Despite the cab having rear tires with illegal tread depth below the mandated minimum of 2/32 inch in all major grooves, the inspector listed in the lawsuit passed the vehicle.
United Express had neglected to inspect the vehicle themselves, which was required prior to the inspector's evaluation. Nevertheless, the inspector proceeded to assess and approve it, despite the tire issue, as detailed in the documents. The inspection of the tires was described as cursory, with the inspector likely spending only seconds on the task.
The documents further highlighted the inspector’s lack of adequate training. Despite seven years on the job, he allegedly lacked knowledge regarding the minimum tread depth permissible for safe driving on Atlanta’s roads.
Hapeville police discovered that the taxi’s rear tires had "zero tread," and they identified the bald tires as a major contributing factor to the fatal crash. Consequently, the driver faced charges including second-degree vehicular homicide, driving too fast for conditions, and driving with slick tires.
On August 23, 2005, he pleaded guilty to vehicular homicide and driving with slick tires. The plaintiff, survived by two children, expressed a sense of partial closure with the $25.5 million verdict. “With the $25.5 million verdict, justice steps closer,” the attorney stated. “There’s work to be done still. For a beautiful life ended too soon though, this family’s victory, forged from grit, love, and bravery, will drive change. Her story will ultimately lead us to a safer future.”
Detroit Council OKs $2.75M Settlement for Police Crash
The Detroit City Council has agreed to a $2.75 million settlement for a man injured in a crash while handcuffed in a Detroit Police vehicle in 2022.
The incident unfolded on March 14, 2022, when the man, arrested in Macomb County for outstanding traffic violations, was transferred from Macomb County Jail to the Detroit Detention Center by Detroit Police.
Details regarding the settlement were not provided by city officials and council members. The 39-year-old man, handcuffed and without a seatbelt, was seated in the backseat alongside two officers—one in the driver's seat and another in the rear.
The officer behind the wheel admitted to causing the crash, attributing it to fatigue-induced sleepiness, per the plaintiff's attorney. Drifting into the middle lane, the officer collided with a stationary car attempting a left turn, deploying the airbags in the front seat. The plaintiff, seated in the back, was thrown face-first into the reinforced plexiglass barrier. Following the crash, he lay injured and unattended for nearly five minutes until one of the officers checked on him.
Medical assessments revealed severe injuries, including spinal cord compression, leading to a seven-level spinal decompression surgery in May. The plaintiff's physical abilities have significantly diminished, hindering his ability to resume his previous mechanical and construction work. He suffers from persistent headaches, blurred vision, and post-traumatic stress disorder, further complicating his recovery. A father of five, his youngest child was born after the crash, and medical advice restricts him from lifting anything over 25 pounds.
The plaintiff's attorney argues that the crash was preventable, citing the officer's recurrent episodes of drowsiness throughout the 15-minute journey preceding the collision. The Detroit Police Department took corrective action against the officer following the incident.
LI Nursing Home Settles for $8M+ Over Mistreatment
The New York Attorney General has reached a significant settlement with Fulton Commons Care Center, an East Meadow-based nursing home.
As part of the agreement, Fulton Commons is obliged to pay up to $8.6 million and implement monitoring systems to overhaul its healthcare and financial operations, following years of financial misconduct and mistreatment of residents.
An investigation initiated by the Attorney General's office in 2018 uncovered a pattern of neglect, abuse, mistreatment, and financial malpractice at Fulton Commons. The inquiry revealed that residents had endured appalling mistreatment, resulting in traumatic injuries and degrading living conditions, while the facility's owners and operators profited at the expense of taxpayer funds meant for critical care. Despite the trust placed in Fulton Commons by vulnerable New Yorkers and their families, residents were subjected to neglect and abuse rather than receiving the dignified treatment they deserved.
Under the terms of the settlement, the owners and operators of Fulton Commons will contribute up to $7 million to a fund dedicated to implementing necessary reforms to safeguard the residents' safety. Additionally, they will pay an extra $1.6 million in restitution to Medicaid and Medicare for unlawfully diverted funds. Furthermore, the Attorney General succeeded in securing a guilty plea and sentencing for criminal acts related to concealing reports of sexual assaults against residents in 2020 and 2022.
The Attorney General emphasized the importance of holding the owners and operators of Fulton Commons accountable for their negligence and ensuring that the facility undergoes essential changes to ensure residents receive proper care.
As part of the settlement, Fulton Commons will be partially overseen by an independent healthcare monitor tasked with enforcing reforms to enhance resident care standards, including the recruitment of additional staff.
$40M Settlement for Stroke Victim in Malpractice Case
A suburban family is set to receive $40 million in damages following a medical malpractice lawsuit that left a man permanently disabled by a stroke.
According to their legal representatives, doctors neglected to appropriately address the plaintiff's symptoms, which could have prevented the stroke. Once a towering figure, the man from Hoffman Estates is now unable to walk significant distances, bathe independently, or communicate without aid. He carries a card stating, "I have aphasia, a loss for words not intelligence."
His family describes it as a burden he will carry for life, one that could have been avoided. "The past nine years have been a living nightmare for us and our children," expressed the plaintiff's wife.
The former landscaper sought treatment for a sudden spike in blood pressure at Advocate Physician Partners in 2015. Despite presenting flu-like symptoms, the doctor did not order further tests or prescribe blood pressure medication. According to his attorney, timely treatment could have stabilized his blood pressure and prevented the stroke.
Shortly after, he suffered a stroke and now undergoes rehabilitation to relearn basic movements. "No one can comprehend the transition from a fully functional husband to someone who needs constant care," his wife lamented. "We cry every day."
This week, the family was awarded nearly $40 million, setting a record for stroke-related compensation in Illinois. A spokesperson for Advocate Physician Partners expressed sympathy but clarified that the individual did not receive treatment at their facility. Due to ongoing litigation, they refrained from further comment.
The family's attorney revealed that the doctor was an independent contractor for Advocate and remains active in the medical field. They intend to establish a charity to raise awareness about aphasia as the father of two strives to reclaim his life. "They anticipate a brighter future," the victim's wife remarked.