May 3, 2010
San Diego Reader reporter Dorian Hargrove’s story chronicles the events of Dorian, a traumatic brain injury survivor, and his family following his September 22 accident. The story focuses on a young San Diego man, whose life took a devastating turn of events one late afternoon when he decided to take his dog for a walk while riding his skate board. His dog was pulling him down a street past a construction site where water mains were being replaced, when the wheels of his skateboard hit a crack. The board stopped but he was launched into the air and hit the right side of his forehead on the pavement. Since there was no blood or signs of injury when a neighbor came to his aide, Dorian refused any help at first, but was transported to Scripps Memorial Hospital by the Fire Department. A CT scan revealed bleeding and bruising of the frontal lobes of his brain requiring him to be put into an induced coma. In the days to follow doctors had to remove parts of his skull to alleviate the pressure on his brain, which continued to swell, he also developed two cases of pneumonia and other complications almost causing his death.
Our thoughts and prayers go out to Dorian, his wife Aimee, and the rest of his family.
Applicable California LawThere are no details as to who was doing the construction, the City, the County or an independent contractor. If the condition causing Dorian’s fall was caused by the construction, a timely notice of claim must be filed with the government agency doing the construction, or whoever hired the contractor that was doing the work. If an independent contractor caused the harm, negligent hiring or supervision by the public entity must be established (Government Code 851.4). The independent contractor would also be liable for any negligence causing injury or other damages. If a condition of the property where Dorian was injured contribute to causing his injury, the owner could also be held responsible if they knew or should have known of the defective condition. However, the fact that Dorian chose to have his dog pull him by it’s leash and was not wearing a helmet, will have a great effect on the value of his claim as being contributing factors in causing his injuries.
Like Dorian, many times people do not appreciate the nature and extent of their injuries and delay in getting medical treatment, which can be life threatening. Serious and devastating injuries can happen at any time and usually when least expected. Dorian’s story is a compelling example of how one’s life can change in an instant. Knowing the available resources, who should be held accountable, and complying with time deadlines is beyond most people’s knowledge. If you or a loved one has sustained a traumatic brain injury or any serious injury due to construction site negligence, premises liability, auto accident, or other wrongful conduct contact an experienced personal injury attorney.