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Robert M.N. Palmer and Mark Brinkmann, The Law Offices of PalmerOliver, P.C. and Laurie Quigley, Lang Richert & Patch, attorneys for plaintiff and Derek Whitefield and Alex Craigie, Dykema Gossett LLC, attorneys for defendant.
On November 29,
2002, 44-year-old Danilo Toribio Lagunday was the properly
seat-belted right front passenger in a 1998 Honda Civic
traveling northbound on State Route 41 north of the San Luis
Obispo county line in Kern County, California. According to the
accident report, a 1993 Ford Probe being driven by Rafael Marino
Juarez, approached the rear of the Civic, and as the Civic
entered a passing lane area, the Ford Probe passed the Civic and
continued northbound. Immediately after, Darrell Lagunday, the
driver of the Honda Civic observed the Ford Probe driving on the
right shoulder of State Route 41 numerous times and observed
dirt being “kicked up” behind the Probe. The Probe then pulled
to the right shoulder and stopped. Darrell slowed the Civic down
to approximately 45 miles per hour in order to insure safe
passage by the other vehicle. As he began to make this pass, the
Ford Probe suddenly made a U-turn in front of him. Darrell
attempted to apply his brakes and steer to the left in an
attempt to avoid the collision. However, the Honda Civic struck
the side of the Ford Probe in a T-shape, sliding off the road
and eventually coming to a stop. During this collision, the
Civic’s driver and passenger air bags deployed, with the
passenger air bag striking Danilo Lagunday in the face. The
deploying passenger air bag caused Danilo to receive severe and
permanent eye injuries, which necessitated medical treatment. Danilo Lagunday suffered a multitude of injuries to his right eye as a result of being struck in the face by the air bag. He had a traumatic lens dislocation, traumatic iritis, traumatic hyphema, traumatic cataract, probable commotio retinae, trauma corneal decompensation due to endothelial decompensation, vitreous into the anterior chamber, and traumatic mydriasis. Mr. Lagunday has undergone several surgeries to his right eye and he will require additional surgeries in the future. The injuries that he suffered to his right eye are permanent and it is doubtful that Danilo Lagunday will ever recover the vision lost in his right eye.
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