Case details

Claimant alleged other driver made unsafe turn





Result type

Not present

arm, fracture, humerus
On Aug. 27, 2011, at 7:35 p.m., claimant Lauren DuCharme, 19, a student, was operating her 2003 Saturn on northbound Valley View Street, toward the intersection at Orangewood Avenue in Cypress, when she collided with a 2005 Chrysler PT Cruiser operated by Theodore Christian Jr. DuCharme fractured her elbow in the accident. It was later determined that Christian was intoxicated at the time of the incident. DuCharme brought a claim against Christian, alleging that Christian was negligent in the operation of his vehicle. DuCharme claimed that as she approached the intersection, Christian made an unsafe left hand turn in front of her. As a result, the front of DuCharme’s vehicle struck Christian’s vehicle. Thus, DuCharme claimed that Christian was at fault for the collision due to his intoxication and for failing to yield to oncoming traffic when he executed the left turn., DuCharme was taken from the scene by ambulance and brought to Los Alamitos Medical Center. She was diagnosed with a comminuted fracture centered in the lateral epicondyle, extending to the distal humerus of her left non-dominant elbow. She subsequently underwent open reduction and internal fixation of her left intra-articular distal humerus, a transposition of her left ulnar nerve and an olecranon osteotomy of her left elbow on Aug. 29, 2011. Following the surgery, DuCharme commenced an aggressive rehabilitation, including physical therapy, for four months. DuCharme claimed she continued to suffer from severe pain in her left forearm, elbow, wrist, hand and shoulder due to the severity of her injury and the subsequent surgery. Consequently, she underwent a second surgery on March 27, 2012, to remove the titanium screws and plates from her left arm. However, DuCharme claimed she suffers some areas of decreased sensation, but has no significant limitations or residuals. Thus, DuCharme claimed in excess of $150,000 in billed medical specials.
Superior Court of Orange County, Orange, CA

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