Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this traumatic brain injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
13 C.C.R. 1214 provided that no driver shall operate a motor vehicle while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness or any other cause, as to make it unsafe for her to begin or continue to operate the motor vehicle.
Cal. Veh. Code § 21209 provided that no person shall operate a motor vehicle in a bicycle lane established on the roadway pursuant to section 21207 except to park where permitted, to enter or leave the roadway or to prepare for a turn within 200 feet from the intersection.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Cal. Veh. Code § 21663 provided that except as expressly permitted pursuant to the vehicle code, no person shall operate or move a motor vehicle upon a sidewalk except as may be necessary to enter or leave adjacent property.
Cal. Veh. Code § 21952 provided that the driver of motor vehicle, prior to driving over or upon a sidewalk, shall yield the right-of-way to any pedestrian approaching thereon.
Cal. Veh. Code § 22107 provided that no person shall turn a vehicle from a direct course or move right or left upon a roadway until such’movement can be made with reasonable safety and then only after the giving of an appropriate signal.
5. At the time of the subject accident, Defendant Melissa Brown, M.D., while acting with the permission of Defendant Sandy Wong and DOES 1 through 25, and each of them, was driving the subject vehicle in violation of 13 C.C.R. 1214 and Cal. Veh. Code §§ 21209, 21663, 21952 & 22107, among other laws. The actions of Defendant Melissa Brown, M.D., in violation said laws was a direct and proximate cause of the subject accident These statutes were intended to protect the interest of the public and Plaintiff in safe travel on public roads, sidewalks and intersections.
Allegations supporting punitive damages are also contained in Paragraph 39:
39. In doing the acts alleged herein, Defendant Melissa Brown, M.D., acted so wantonly, recklessly and/or negligently and said acts were carried on by said Defendant with a willful and conscious disregard of the rights or safety of others, including the Plaintiff. Said Defendant is therefore liable to Plaintiff for punitive damages. Plaintiff, therefore, hereby requests such damages against Melissa Brown, M.D., pursuant to Civil Code §3294. (See Part 5 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.