Case details

Crash-related injuries caused loss of business: motorcyclist

SUMMARY

$1800000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, arm, fracture, shoulder, wrist
FACTS
On April 23, 2015, claimant Daniel Campbell, 54, a liquor store owner, was riding his motorcycle at approximately 30 mph in the middle (number 2), eastbound lane of the Santa Margarita Parkway, in Mission Viejo, when a vehicle operated by Jacqueline Grinstead exited the driveway of Portola Hills Plaza shopping center and crossed over the right lane. She allegedly moved directly into the path of Campbell’s motorcycle. The road was still wet from rain earlier in the day, such that Campbell lost control of his motorcycle as he tried to swerve around Grinstead’s vehicle. As a result, Campbell crashed to the ground, and his motorcycle struck the rear of Grinstead’s vehicle. Campbell then briefly drove over the center median. Campbell claimed to his right wrist, left shoulder, and right ankle. Campbell made a claim against Grinstead’s insurer. Campbell claimed that Grinstead had illegally turned in front of him and changed lanes when it was unsafe to do so. Grinstead’s carrier never officially accepted liability, but Campbell’s counsel claimed the insurer ultimately appeared to accept liability at the time of settlement., Campbell sustained a comminuted, four-part, distal radius fracture of the right wrist and a rupture of the extensor carpi radialis longus tendon, resulting in tennis elbow. He also sustained a mildly displaced humeral neck fracture of the left shoulder, and non-displaced avulsion fractures of the left ankle’s lateral and medial malleoli. Campbell subsequently remained immobile on the roadway until paramedics arrived to transport him to Mission Hospital, in Mission Viejo, where he remained for one week. During that time, he underwent open reduction and internal fixation surgery to repair his wrist and elbow . His shoulder and ankle fractures were each treated non-surgically with full extremity casts, thereby rendering him non-weight bearing on three extremities for several months during his recovery. Campbell was then transferred to a skilled nursing facility for two weeks. After several months of home care and occupational therapy with limited progress, it was determined that Campbell suffered from articular incongruity of the radiocarpal joint, joint space narrowing between the scaphoid and scaphoid facet of the radius, and severe damage of the distal articular surface in the right wrist, as well as a ruptured extensor pollicis longus (EPL) muscle in the right thumb. Consequently, a second surgery was performed to remove the deep implant of the hardware in the right wrist and perform a transfer of an extensor indicis proprius (EIP) muscle to the EPL tendon in the right thumb. Campbell claimed that as a result of his , he lost the liquor store that he purchased six months before the accident. He alleged that he cashed in his 401K to purchase a liquor store for retirement purposes approximately six months before this incident and that in the six months leading up to the accident, he spent $90,000 refurbishing the store in an effort to turn it into a profitable business. While the store never made a profit before the crash, Campbell claimed that it lost less money each month leading up to the incident and was on track to becoming profitable until he was unable to run the store for two months due to the he sustained in the crash. While he has substantially recovered from his , Campbell claimed that he still experiences some lingering discomfort and limitation in his right wrist that he believes would require further care as he ages. He also claimed that he will ultimately need a radioscaphoiod lunate fusion or right wrist reconstruction at some point in his future. Thus, Campbell sought recovery of $168,551.06 in past medical costs, an undetermined amount in future medical costs, $319,000 in past loss of income related to losing the liquor store, and more than $1 million in future loss of income based on unrealized future profits due to the loss of the store. He also sought recovery of damages for his past and future pain and suffering. Grinstead’s insurance carrier contended that Campbell’s liquor store continually lost money each month before the incident and that there was absolutely no evidence that it would become profitable in the future. Thus, the insurer asserted that Campbell had likely made a bad investment before and would have likely lost the liquor store regardless of the incident.
COURT
Matter not filed, CA

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