Pedestrians struck by cart: Failure to equip cart with headlights: Negligent training: Ankle fractures, nerve damage: Settlement

Law Reporter, Apr 2000

Binyon v. Five Star Parking, Cal., Los Angeles Super. Ct., No. BC 201221, Oct. 5, 1999.

Binyon, 4, and her grandmother, 46, were walking through a parking lot when an employee of the lot struck them with a security cart. Binyon suffered permanent facial nerve damage and scarring. Her past medical expenses totaled $6,000, and her future expenses are estimated at $30,000.

Her grandmother sustained multiple ankle fractures. A travel agent before the accident, she has been unable to work and cannot stand for a significant period of time. Her past medical expenses were $11,000, and her future expenses are projected at about $12,000.

Binyon and her grandmother sued the lot's owner, alleging it was negligent in (1) its driver's operation of the security cart, (2) failing to property maintain the cart and equip it with headlights, and (3) failing to check its employee's driving record or properly train him in operating the cart.

Defendant claimed that plaintiffs failed to pay attention to the lot's traffic.

The parties settled for a confidential amount.

Plaintiffs' experts were Harry Krueper, accident reconstruction, San Bernardino, Cal.; Lawrence Stein, plastic surgery, Beverly Hills, Cal.; and Arthur H. Osborne, orthopedic surgery, West Covina, Cal.

Defendant's experts were Milton E. Ashby, orthopedic surgery, Los Angeles, Cal., and Vance L. Polich, plastic surgery, Pasadena, Cal.

Plaintiffs' Counsel

*Raymond Paul Johnson, Los Angeles, Cal.

*Donn W. Christensen, Los Angeles, Cal.