Case details
Crash caused shoulder and spine injuries: passenger
SUMMARY
$5284.36
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, neck, sprains shoulder, strains
FACTS
At approximately 6:30 p.m. on Jan. 4, 2010, plaintiff Mary Rehers, 68, a retiree, was a front-seat passenger in a vehicle operated by her grandson that was traveling north on Paradise Way in Big Bear City. As her vehicle entered the intersection with Elysian Boulevard, it broadsided the driver’s side of a vehicle operated by Hailey Rae Stensgaard, who was driving west on Elysian Boulevard. Rehers claimed to her neck, back and left shoulder from the impact. Rehers sued Hailey Stensgaard and the owner of the vehicle, her father, Robert Lars Stensgaard. Rehers alleged Hailey Stensgaard was negligent in the operation of her vehicle and that her father was vicariously liable for her actions. Rehers claimed that the road her vehicle was on was uncontrolled, while Elysian Boulevard had a stop sign. Thus, she claimed that Stensgaard failed to yield to oncoming traffic, which had the right of way. Hailey Stensgaard claimed that the vehicle carrying Rehers was speeding as it approached the intersection, but otherwise, did not argue liability., Rehers claimed that the force of the impact totaled the car she was in, incurring $7,652 in property damage. As a result, she was taken from the scene of the accident by ambulance and brought to an emergency room. Rehers claimed strains and sprains to her neck and upper back. She also underwent an MRI of her left shoulder, as well as a bone density exam. Rehers subsequently treated her with physical therapy from February 2010 to April 2010. One year later, Rehers followed up with an orthopedist, who recommended future physical therapy and diagnostic testing. Rehers claimed she is still restricted in her household chores, as well as walking, taking care of her dog and playing with her grandchildren. Thus, she claimed $10,750 in past medical costs ($7,500 post-Howell). Rehers sought recovery of $51,000 in total damages, consisting of her past medical costs, future medical costs (consisting of physical therapy), and pain and suffering. Defense counsel argued that Rehers suffered only minor soft-tissue , which should have resolved within three to four months. Counsel contended that none of the plaintiff’s from the accident had any permanency, and that Rehers had pre-existing neck and back , as well as degenerative changes.
COURT
Superior Court of San Bernardino County, Victorville, CA
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