Carmen Ibarra v. City of Glendale
Published: Aug. 27, 2011 | Result Date: Jun. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: EC053948 Settlement – $112,000
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen D. Bresnick
(medical)
Mark Greenspan
(medical)
Facts
On Jan. 12, 2010, plaintiff Carmen Ibarra, a 19-year-old college student, was a front seat passenger in her boyfriend's vehicle when a Glendale police officer in a city owned police vehicle made a left turn into oncoming traffic at the intersection of San Fernando Road and Sheldon Street in the City of Los Angeles.
The plaintiff's boyfriend settled with the City of Glendale prior to this lawsuit being filed.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the police officer was driving in a non-emergency situation without siren or flashing lights. Therefore, the officer had a duty to wait for oncoming traffic to clear before making a left turn.
DEFENDANT'S CONTENTIONS:
Defendant contended that the driver of plaintiff's vehicle was speeding and a contributing factor in the accident.
Specials in Evidence
$12,921 $1,296 $6,500 (for scar revision surgery)
Injuries
During the collision, Ibarra's knees hit the dashboard even though she was wearing a seat belt and the airbag deployed. Her left knee required 13 stitches and left a residual scar. She underwent a course of physical therapy for her right knee over several months. However, she continued to have lingering pain after conclusion of the therapy and was diagnosed as having chondromalacia patellae on the right knee, which may result in future arthroscopic surgery. The driver of plaintiff's vehicle suffered soft tissue injuries.
Result
The case was settled at mediation for $112,000.
Other Information
MEDIATOR: Jan Frankel Schau. FILING DATE: Sept. 3, 2010.
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