Driver hits pedestrian in crosswalk, resulting in multiple fractures. $11M. Los Angeles County.

Facts and Background

• Facts and Background:

  On October 31, 2019, 64-year-old plaintiff was walking in a crosswalk at the intersection of Drybank Boulevard/Bart Earle Way and Silver Spur Road with her husband on their way to dinner in Rolling Hills Estates. At the same time, defendant Robin Haskell was driving her BMW SUV on Bart Earle Way/Drybank Boulevard, intending to turn left onto Silver Spur Road.

  Defendant driver did not stop her vehicle or slow down before she collided with plaintiff, who went flying and landed back toward the sidewalk, face down. As a result of the crash, plaintiff suffered serious injuries, including multiple fractures of her wrists, pelvis and left knee. Plaintiff has undergone three surgeries to date and doctors anticipate up to seven more surgeries in her future, along with ongoing pain and other issues.

• Plaintiff's Contentions:

  That plaintiff had the right of way as she was lawfully within the crosswalk when she was hit by defendant. An eyewitness and the police officer confirmed that plaintiff had the right of way. Plaintiff claimed ongoing damages as a result of her injuries, including significant pain and activity restriction. As a result of her injuries, plaintiff has difficulty engaging in everyday tasks and can no longer maintain the extremely active lifestyle she led up to the time of the crash.

• Defendant's Contentions:

  Defendants contended that plaintiff was in a closed crosswalk at the time of the crash, and that she should have walked in the parallel crosswalk on the other side of the street. Defendants claimed the crosswalk was closed due to construction on a building at the corner of the intersection.

  Defendants argued that plaintiff had made a full recovery and would not need any ongoing surgeries or other care, and that she was back to doing the same activities she did before the crash. The defense asked for a full defense verdict.