Case details

Auto accident caused brain injury, plaintiff claimed





Result type

Not present

brain, brain damage, brain injury, chest, fracture, rib, traumatic brain injury
On July 5, 2017, plaintiff Chung Wu Hsu, 60, was driving on the eastbound side of Newhall Ranch Road, in Santa Clarita. When she entered the intersection with Copper Hill Drive, her vehicle was broadsided by a box truck operated by Moises Diaz, who was traveling on Copper Hill Drive. Hsu claimed that she suffered of her head, neck and chest. Hsu sued Diaz and Diaz’s employer, R & P Food Processing Inc. Hsu alleged that Diaz was negligent in the operation of his truck and that R & P Food Processing was vicariously liable for Diaz’s actions while in the course and scope of his employment. Plaintiff’s counsel contended that Hsu had the right of way on a green light and that Diaz failed to yield, causing the collision. Counsel noted that Diaz admitted to the investigating officer at the scene that he was “half asleep” at the time of the accident and that he had run a red light. Diaz was cited by police for the red light violation and paid the fine, never disputing or appealing the California Vehicle Code § 21453(a) violation conviction. On the eve of trial, defense counsel admitted that Diaz was the sole cause of the collision., Hsu claimed that she sustained blunt force trauma to her head, resulting in a traumatic brain injury, and trauma to her cervical spine. She also sustained rib fractures. Plaintiff’s counsel contended that Hsu suffered serious and permanent and that Hsu’s life will forever be changed as a result of the accident. Counsel also contended that Hsu requires further medical treatment. Hsu sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Defense counsel disputed the cause and extent of Hsu’s alleged damages.
Superior Court of Los Angeles County, Alhambra, CA

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