Chronic pain syndrome claimed after pedestrian is hit in crosswalk. $3.2 million. San Francisco County.

Facts and Background

• Facts and Background:

  On October 13, 2009, plaintiff was walking in the crosswalk across Hyde Street at the intersection with Clay Street in San Francisco. It was raining. Defendant driver Ammar Alhanshali, who was driving a Luxor Cab Company taxi cab, struck plaintiff in the crosswalk.

  The taxi cab passenger testified, contrary to Mr. Alhanshali's testimony, that the cab driver was looking at his phone and that the impact shook the entire cab.

  Plaintiff was knocked into the air, onto the hood, and then onto the ground. She does not recall being struck. All she recalls is being on the ground, in the rain, until emergency personnel arrived and moved her. At the scene she complained of severe pain in her neck, tailbone, left foot, shoulder and back.

  Radiology did not reveal any injuries, so she was sent home from the emergency room.

   

• Plaintiff's Contentions:

  That defendants were negligent.

  That plaintiff was severely injured in the collision and her injuries developed into a chronic pain syndrome that prevented her from socializing, dating, and ultimately working. Plaintiff had been a professionally successful person who had been very sociable and active right up until she was hit. She had run a half marathon not long before the collision and had hiked to the top of Mount Tam in Marin County the day before the collision. 

   

• Defendant's Contentions:

  Defendants admitted 100% fault for the collision and that Luxor Cab Company was liable for all damage caused by Ammar Alhanshali.

  Defendants contended that plaintiff’s physical injuries consisted of a bruised tailbone, back strain, bruised heel and possible shoulder strain, and that those injuries healed within 6-8 weeks of the accident.  That plaintiff did not suffer a traumatic brain injury as claimed, and denied that she suffered a pudendal nerve injury. 

  Further contended that plaintiff suffered from chronic pain before the accident, shown by her medical and chiropractic records, and that her depression was caused at least in part by pre-existing conditions and events that occurred after the accident. Also, that plaintiff was able to return to work shortly after the accident, and that the accident did not cause the claimed disability which began three years after the accident.