Case details

Bicyclist, struck by car, alleged injuries, miscarriage as result

SUMMARY

$13000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, neck, psychological
FACTS
On the afternoon of Oct. 23, 2011, plaintiff Jessica Flaa, 35, a homemaker, was riding a bicycle, pulling a trailer with her two children, ages four and three, northbound on Seventh Avenue in Santa Cruz. While crossing the intersection at East Cliff Drive, Flaa’s bicycle was struck by a vehicle driven by Robert Gene Wright, 80, who was traveling west on East Cliff Drive. Flaa claimed she was able to jump off the bike, but twisted her neck and the left side of her body in the process. She further claimed that the accident caused a miscarriage two weeks later. She was 3.5 weeks pregnant at the time. Flaa sued Wright, alleging he was negligent in the operation of a vehicle, causing the accident and her . She argued that Wright failed to obey a yield sign, resulting in the collision. Wright died during the litigation of the case, and a stipulation was reached by which Flaa proceeded against any available insurance coverage. Liability for the accident was admitted by Wright, and the case focused on causation and the severity of the claimed ., The day after the accident, Flaa treated with massage therapy for soft-tissue strains and sprains of her neck, back, and left shoulder. She ultimately had chiropractic care, the majority of which took place during the following year. Two weeks after the accident, Flaa had a miscarriage, which she attributed to the accident. She claimed that as a diabetic, the stress caused her blood glucose to spike, resulting in the miscarriage. Her injury symptoms resolved after two years. Flaa claimed $12,650 in past medical costs, and sought damages for past pain and suffering. She also sought $5,000 a week in pain and suffering damages for two years. Defense counsel argued that Flaa’s were minor and should have resolved soon after the accident. The defense further argued that the accident did not cause Flaa to have a miscarriage.
COURT
Superior Court of Santa Cruz County, Santa Cruz, CA

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