Facts

This case stems from a motor vehicle accident that occurred on Feb. 8, 2007, at approximately 2:10 p.m. Plaintiff Bertha Medina, while en route for the United States Post Office, was driving her mail truck southbound on Denker Avenue, approaching 83rd Street, southwest of downtown Los Angeles. She was traveling between 20-25 mph, had her lap and shoulder belts fastened, and was about to enter the intersection of 83rd Street.

At that time, defendant Kelvin Jackson was driving a City of Los Angeles trash truck westbound on 83rd Street, just east of Denker Avenue. He entered the intersection of Denker traveling approximately 35-38 mph, and forcefully broadsided the mail truck.

The force from the impact was substantial, and propelled both vehicles approximately 133 feet in a southwesterly direction. The trash truck pushed the mail truck into a parked vehicle, up onto a curb, onto a front lawn, through a chain link fence, into another parked vehicle and into a front porch.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the overwhelming evidence showed that defendants were negligent and liable for causing the accident. A witness who lived in a house on the southwest corner of 83rd Street and Denker informed the police that she saw the postal vehicle enter the intersection on a green when the city trash truck ran a red light, striking the postal truck, and pushing both vehicles in a westerly direction out of her view. She gave the same account in her deposition. Another witness who lived on the northwest corner of 83rd and Denker stated she observed the city trash truck enter the intersection on a red, striking the mail truck and pushing it out of her sight.

DEFENDANTS' CONTENTIONS:
The defense contended that Jackson had the green light and disputed the eyewitness accounts.

Specials in Evidence

$352,034; $31,304; $313,000. $164,600;

Injuries

The injuries Medina sustained in this accident included, but were not limited to the following: contusions, abrasions and lacerations to her head, scalp, neck, face, chest wall and abdomen, left leg deep open wound, open wound to her ear, crush injury to her chest and abdomen, left clavicular fracture, left sided rib fractures, pulmonary contusion with open wound into her thorax, traumatic subcutaneous emphysema, traumatic pneumohemothorax with open wound into her thorax, hematuria, traumatic brain hemorrhage, coma, closed head injury, injury to her spleen with open wound into her body cavity, massive parenchymal disruption, splenectomy, injury to her kidney with open wound into her body cavity, complete disruption of parenchyma, left nephrectomy, neck and back sprains - cervical, lumbar and thoracic regions, pelvic injury, left shoulder and right knee injuries. Plaintiff sustained internal injuries and underwent two surgeries during her hospitalization at California Hospital Medical Center. The first surgery was to address her internal injuries, and control her abdominal bleeding. She ended up losing both her left kidney, and her spleen. The second surgery was to repair her fractured left clavicle through open reduction and internal fixation. She remained hospitalized from Feb. 8, 2007 through February 24, 2007, at which time she was discharged home, and told to follow up with her treating doctors. On Nov. 12, 2007, plaintiff underwent another surgical procedure to remove the shoulder hardware on her left clavicle. Thereafter, she was still experiencing complaints in her neck, low back, right knee and left shoulder. She was referred to a pain management specialist and a lumbar spine specialist. According to plaintiff's counsel, plaintiff still suffers significant physical and emotional pain. The defense disputed the nature and extent of the claimed injuries and damages.

Result

The city settled with Medina for $1,437,500.

Other Information

FILING DATE: July 24, 2007.