Vitushkina

Vitushkina v. Luminalt Energy Corp. CA1/4

Good Law
Court of Appeal of CaliforniaNovember 10, 2014A140393California4,178 words

Opinion

Opinion

Rivera, J.

I. FACTUAL BACKGROUND

On April 12, 2011, Vitushkina met Casey Kuznetsova, her granddaughter, for lunch at the Squat and Gobble restaurant on Market Street near Noe Street in San Francisco. They met around noon for lunch and Kuznetsova stayed at the restaurant for about 50 minutes before leaving to go back to school. Vitushkina told Kuznetsova that she intended to go home after lunch. Vitushkina left the restaurant shortly after Kuznetsova and walked home, crossing Market Street and walking down Noe Street on the right side of the street. She walked down Noe Street toward the intersection of 17th Street and Noe Street, about a block

1 from the restaurant. It took her about five to 15 minutes to walk the block. She proceeded to cross the intersection, entering the crosswalk. Vitushkina testified that she took two or three steps into the crosswalk when she was hit by a van. Prior to entering the crosswalk, she did not see any oncoming traffic and did not see the van that hit her. Officer George Fogarty testified as an expert in traffic accident investigation. Fogarty had 32 years experience in investigating traffic collisions, and it was his area of focus for the last 12 years…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.