Facts

On Oct. 8, 2013, Maximino Barragan, 16, his sister Yoanna Barragan, 3, and brother, Andres Barragan, 8, were crossing in a marked crosswalk at the intersection of South Ave. and L St. in the City of Lompoc, when they were struck by defendant Beatrice Terrones Melendrez.

PLAINTIFFS' CONTENTIONS:
Plaintiff Yoanna was dragged underneath defendant's vehicle for some distance and plaintiffs Maximino and Andres were thrown up into the air.

DEFENDANT'S CONTENTIONS:
Defendant, 80, did not dispute liability.

Injuries

Plaintiffs were immediately transported from the accident scene. Yoanna was transported via helicopter, Maximino and Andres via ambulance to Santa Barbara Cottage Hospital. All three children have been diagnosed by evaluation and testing with severe post-traumatic stress disorder with significant psychological impairments including related flash backs, bed wetting, anxiety, anger, personality changes, fears of walking and cars, withdrawn difficult functionary with friends, school work and resulting depression. Yoanna suffered a broken pelvic bone, broken femur, internal bleeding, and abrasions to her arms. She was placed in a full body cast for three months and in a wheelchair for about five months. She has been diagnosed with severe post-traumatic stress disorder and enuresis. She can no longer sleep in her own bed because she has nightmares and will awake screaming at times. She must now were diapers to bed because she wets the bed nightly. She suffers from anxiety and avoids trauma cues, including walking across the street without an adult to hold her and walking near cars. Maximino is developmentally delayed. He is now 19 with the mental capacity of a six-year-old. He sustained abrasion and bruising to his legs and staples to the right side of his head. He has been diagnosed with extremely severe PTSD and depressive disorder, which he did not have prior to the accident. He is filled with excessive and inappropriate guilt, feeling responsible for not protecting his siblings from the accident. He is constantly feeling sad, will cry excessively, exhibits low self-esteem, and poor concentration. He has constant intrusive thoughts and flashbacks of the traumatic accident. He has one of his bones around his rib cage visibly protruding out. Every time he looks at the bone protrusion, Maximino is reminded of the accident and becomes very upset. Due to his developmental delays, he has had a difficult time processing the accident trauma and helping him to adjust. Andres sustained injuries to his legs, bruises on his right leg, and abrasions to both his elbows and arms. He is suffering from extremely severe PTSD and enuresis. He is fearful of crossing the street, being around vehicles and refuses to walk anywhere. He experiences frequent flashbacks of the accident and nightmares with anger outbursts at times with his school grades falling down.

Result

The case settled for $300,000.

Other Information

FILING DATE: Sept. 4, 2015.