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Plaintiff Seeks Damages After Injury Caused by Waste Management Truck

GarbageTruck

A California woman is seeking thousands of dollars in damages after she was struck by a waste management vehicle in San Diego. The plaintiff, a former SeaWorld dolphin trainer and bartender, was struck by one of the company’s vehicles on Feb. 5, 2021 in the parking garage of her apartment complex. At the time of the incident, a trash collection driver employed by Waste Management was working to clear one of the company’s dumpsters in the garage.

Video surveillance shows the plaintiff attempted to cross the garage in a marked crosswalk behind the truck while it drove forward. As she was walking, however, the driver set the truck into reverse, hitting her with one of the metal arms on the vehicle’s rear.

According to the lawsuit, the plaintiff alleges that the driver was on the phone at the time he began to put the truck in reverse and did not see the plaintiff in the crosswalk. The vehicle’s arm allegedly impaled the plaintiff in the hip before throwing her back to the ground.

As a result of the accident, the plaintiff reported suffering injuries to her spine, neck, and tailbone. She also suffered a traumatic brain injury that caused neurological issues such as seizures, memory loss, insomnia, hearing loss, and vertigo.

Her attorneys said during a press conference that her injuries have left her saddled with thousands of dollars of medical debt and she is unable to return to work. The plaintiff’s attorney said that she tried to go back to work, but she can’t do that job anymore. The plaintiff is seeking an undetermined amount of more than $25,000 for damages as a result of various economic losses, according to the complaint.

The plaintiff said that her memory loss made it difficult to work as a bartender. She said she was fired multiple times for performance issues related to memory loss. Her attorneys said that she had a long history of working as a bartender at a lot of “really popular bars.” However, within the first year of the incident, she was fired from a bartending job because she couldn’t figure out how to use the computers and couldn’t remember drink orders.

Elements of negligence

 The plaintiff contends that the Waste Management driver was on his cell phone when he struck the plaintiff. In other words, it was a case of distracted driving. Even if the defendant were not on their cell phone at the time of the incident, drivers are expected to keep an accurate lookout when it comes to ensuring the safety of those around them. In this case, the defendant failed to do so and a member of the public was permanently injured as a result of that failure. She now struggles to retain gainful employment and has numerous medical expenses to contend with.

Talk to an Oakland, CA Personal Injury Lawyer Today 

Venardi Zurada represents the interests of those who have been injured due to the negligence of another party. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

fox5sandiego.com/news/local-news/trial-set-in-lawsuit-from-woman-struck-by-waste-management-truck/

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