Ybarra

FACTS

On August 19, 2010, plaintiff, a diabetic, underwent surgery on his pancreas at the San Francisco Veterans Administration Medical Center. After he developed a blockage of an artery in his lung, his surgeon, Dr. Lygia Stewart, prescribed a blood thinner. A CT scan taken before he left the hospital revealed “normal changes after surgery.” He was eating normally before he left the hospital. Eleven days after the surgery, plaintiff’s wife picked him up from the hospital with a friend. Plaintiff, who was sedated and wearing a diaper because he could not control his bowel movements, rode in the front passenger seat with his seat belt fastened over his abdominal incision. They were in the car for about 20 minutes when plaintiff’s wife came to a stop at the bottom of a hill. While stopped, they were rear-ended by defendant, who admitted negligence. Plaintiff’s wife described the impact as very sudden and very hard. She felt like she “got lifted” and the seat belt locked up on her. Plaintiff testified the jolt was severe and “the belt strap really, really tugged on me because [it] shoved me forward.” The passenger in the backseat described the impact as a “pretty big hit” and said…