Samuel Kim was riding his skateboard in Cerritos, Calif. As he entered an intersection on a green light and began crossing at the crosswalk, Arsham Baltayan, who was driving a car in the scope and course of his job with a car dealership, turned right into the intersection on a red light. Kim was unable to stop in time and struck the right passenger side of Baltayan’s vehicle.
Kim was just 14 years old at the time and was not wearing a helmet. He was thrown to the pavement and suffered a traumatic brain injury. The brain injury has resulted in personality and behavioral changes.
When he reached the age of majority, he sued Baltayan and the automobile dealership claiming that Baltayan was negligent in choosing not to keep a proper lookout and yield to a skateboarder with the right-of-way in the crosswalk.