Case details

Claimant alleged crush injury left her with ongoing pain





Result type

Not present

crush injury, elbow, fracture, knee, knee contusion, leg
On Nov. 4, 2018, claimant Joan Hood, 69, was standing at the back of her vehicle in a parking lot in Solano Beach while her husband was sitting inside the vehicle. While she adjusting cargo in her trunk, a compact sports utility vehicle operated by Harry Jones turned and struck Hood, pinning her between the back of her vehicle and the side of Jones’ vehicle. Hood claimed to her right leg and elbow. In lieu of filing a lawsuit, Hood sought direct recovery from Jones’ insurance provider, USAA. Hood alleged that Jones was negligent in the operation of his vehicle. Jones’ insurer tendered its $100,000 policy limit. Hood sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policies, which were administered by her primary insurance carrier, State Farm Insurance Cos., and her excess carrier, Nationwide Mutual Insurance Co. Hood’s counsel contended that Jones was not paying attention and that Jones’ foot slipped, causing the vehicle to go out of control and strike Hood. Hood’s UIM carriers did not dispute liability., Hood sustained a crush injury to her right leg, which included a fracture of her right fibula. She also sustained contusions to her right knee and right elbow. Police responded to the scene and took a report. Hood was then taken to a hospital, where she was treated for her . However, she claimed her right leg developed lymphedema, which is a build-up of fluid in soft body tissues when the lymph system is damaged or blocked. Hood claimed that she was left with minimal scarring and ongoing pain in her right leg. However, she alleged that she does not need future medical care. Hood sought recovery of past medical costs, of which insurance paid less than $15,000. She also sought recovery of damages for her past and future pain and suffering. Counsel for Hood’s insurers disputed the nature and extent of Hood’s alleged damages. Although counsel agreed that Hood sustained a leg fracture, they asserted that Hood made a good recovery and did not have ongoing complaints.
Matter not filed, CA

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