Case details

Broadside crash caused brain injury and paralysis: plaintiff

SUMMARY

$10000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, contusion, neck, spine, traumatic brain injury
FACTS
On Jan. 14, 2011, the plaintiff, a 59-year-old county employee, was driving on a rural road in Fresno when he entered an intersection and was broadsided by a vehicle that had run a red light on the crossroad. The plaintiff claimed severe to his head, neck and back from the collision. The plaintiff sued the driver of the other vehicle, alleging vehicular negligence. The defendant admitted liability for the purpose of a settlement., The plaintiff sustained an incomplete C4 spinal cord contusion with central cord syndrome and compression fractures of the thoracic vertebrae at T3, T4, T5, T6 and T7. He also suffered from a traumatic brain injury. The plaintiff was subsequently was taken from the scene of the accident by ambulance and brought to a hospital, where he was bedridden for seven weeks. He then followed up with roughly seven weeks of inpatient rehabilitation. Although he substantially recovered from his brain injury, he claimed he still suffers from neurological deficits, but is able to walk and is not confined to a wheelchair. However, he is paralyzed in his right, dominant arm and is partially paralyzed in his left arm. As a result, the plaintiff cannot raise his right arm at all, and he complains of neuropathic pain in both arms. The plaintiff claimed he is permanently disabled and could never return to work. He also claimed he requires 16 to 24 hours a day of attendant care, which he currently cannot afford. Thus, the plaintiff sought recovery of $559,000 in past medical costs, and between $2 million and $3 million in future medical care and aid costs. He also sought recovery of $672,000 in lost earnings, as well as unspecified damages for his past and future pain and suffering. Defense counsel asserted that the plaintiff only required six to eight hours a day of attendant care.
COURT
Superior Court of Fresno County, Fresno, CA

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