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Personal Injury
Auto v. Pedestrian
Negligence

Brenda Mira v. City and County of San Francisco

Published: Jan. 3, 2009 | Result Date: Jun. 11, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC-06-454960 Verdict –  $17,522

Court

San Francisco Superior


Attorneys

Plaintiff

Mark C. Thomas
(Law Office of Mark C. Thomas APC)


Defendant

Daniel A. Zaheer
(Kobre & Kim LLP)


Experts

Defendant

Aaron Caughey M.D.
(medical)

Facts

On Jan. 2, 2006, plaintiff Brenda Mira, who was seven months pregnant at the time, was crossing at the intersection of 29th Street and Church Street in San Francisco, when a MUNI streetcar struck her. Mira filed suit against defendant city and county of San Francisco for negligence, failure to stop at a stop sign, and failure to yield to a pedestrian.

Contentions

PLAINTIFF'S CONTENTIONS:
Mira contended that the streetcar operator failed to stop at a stop sign, which caused her to be injured.

DEFENDANT'S CONTENTIONS:
The city and county of San Francisco conceded liability but disputed the amount of damages.

Damages

Mira sought damages in the total amount of $50,000, which included $12,213 for past medical expenses, $700 for lost earnings, plus pain and suffering.

Injuries

Mira suffered injuries to her abdomen, anxiety, emotional distress, and insomnia. Mira was also told that her unborn child may have injuries that will not manifest until the child is approximately two years old.

Result

The jury found for Mira in the amount of $17,522, which included $12,213 for past medical expenses, $309 for past lost earnings, and $5,000 for pain and suffering.

Length

four days


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