Case details
Collision with calf caused injuries, motorcyclists’ alleged
SUMMARY
$32000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, concussion, head, headaches, impairment, mental, neck, psychological, traumatic brain injury
FACTS
On Sept. 27, 2014, plaintiff Robert Torres, 43, a glazier, was motorcycling on southbound Elliot Road, in an unincorporated area of San Joaquin County. His wife, plaintiff Lisa Torres, an in-home care provider in her 40s, was a passenger. When they were north of the intersection with Collier Road, their motorcycle struck a black calf that had entered the roadway from the Silva dairy farm. Mr. Torres and his wife immediately went down. Plaintiff Anthony Henson, 47, a tattoo artist, was on his own motorcycle approximately one to two car-lengths behind the Torres motorcycle. He also struck the calf and went down. Mr. Torres claimed to his neck and head. Ms. Torres claimed to an arm, as well as emotional . Henson claimed to his chest, head and a shoulder. Mr. Torres, Ms. Torres and Henson sued the owners of the escaped calf, Antonio Silva, Joseph Silva, and Silva Brothers Dairy and Farms. The plaintiffs alleged the defendants were negligent in failing to control the calf that caused the accidents. Henson settled for an undisclosed amount prior to trial. The defendants admitted liability, and the jury was instructed that it would decide the nature and extent of Mr. and Ms. Torres’ alleged damages., All three plaintiffs were transported by ambulance to San Joaquin General Hospital, in French Camp. The traffic collision report documented that both Mr. Torres and Henson complained of back pain prior to being transported to the hospital. Henson suffered five fractured ribs, a fractured clavicle, a punctured lung, internal bleeding and a head injury. However, he settled out prior to trial, so his and damages were not before the court. Mr. Torres was initially knocked unconscious, and he claimed he suffered a soft tissue injury to his neck and traumatic brain injury as a result of the accident. He also claimed he suffered from headaches and post-concussion syndrome as a result of the head injury. After being discharged from San Joaquin General Hospital, Mr. Torres presented to Lodi Memorial Hospital, in Lodi, the next day. He presented with complaints of a headache, and a history of a loss of consciousness and post-concussion-type symptoms. CT scans of his head and cervical spine were ordered. The head CT was negative, and the CT of the cervical spine showed minor degenerative changes. Mr. Torres then presented to a Kaiser clinic the next day, on Sept. 30, 2014, and saw a physician for “head trauma,” a headache, a left arm fracture, and neck pain. The physician ordered an MRI of the brain, which was found to be normal. The physician ultimately diagnosed Mr. Torres with post-concussion syndrome. On Oct. 4, 2014, Mr. Torres presented to a Kaiser neurologist for another consultation, and Mr. Torres gave the neurology expert a subjective history of a concussion and a loss of consciousness due to the accident. The expert noted the negative CT results and agreed with the diagnosis of post-concussion syndrome. Mr. Torres claimed that he was unable to go back to work as a glazier for the remainder of the year and that he was given work disability for approximately two months. The plaintiffs’ neuropsychology expert tested Mr. Torres and opined that while Mr. Torres suffered a mild TBI, it resulted in deficits that were permanent, based on Mr. Torres’ post-concussion symptoms that had not resolved. Numerous witnesses were also called who described the changes in personality and cognition that they allegedly observed. Ms. Torres suffered severe abrasions to her left arm and hand, but she was negative for any bone fractures. She received treatment for post-traumatic stress disorder-type symptoms from a Kaiser facility a year later. At an evaluation by the defense’s expert orthopedic surgeon, it was noted that Ms. Torres was able to use her hand and returned to all activities, but that she would take breaks during activities that she was performing, such as yard work and cooking. If she utilized a pot, she would sit down. She reported that pain could be mild, but occasionally it would rate a five out of 10 while she was performing activities such as yard work. She also reported getting “periodic headaches” whenever she felt stressed. In addition, Ms. Torres claimed an emotional aversion to riding motorcycles as a result of the incident, and sought recovery of damages for her PTSD. The parties stipulated to Mr. and Ms. Torres’ wage loss and medical bill claims. They stipulated that Mr. Torres’ past economic loss totaled $57,013.34 and that Ms. Torres’ past economic loss totaled $22,331.65. However, defense counsel disputed Mr. Torres’ neck pain. The defense’s neurology and radiology experts opined that Mr. Torres’ continuing post-concussive-like symptoms were, in all likelihood, the result of his serious hypertension (high blood pressure), heart disease, and brain blood vessel disease.
COURT
Superior Court of San Joaquin County, San Joaquin, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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