Case details
Defense claimed crash didn’t cause plaintiff’s incontinence
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, cervical, lumbar, neck, sprain, strain
FACTS
On Oct. 31, 2016, plaintiff Jenny Taylor, 39, a teacher, was driving on Studebaker Road, in Long Beach. Her sport utility vehicle’s rear end was struck by a trailing car that was being driven by Jacqueline Rosson. The impact pushed Taylor’s vehicle into the rear end of a preceding SUV. Taylor claimed to her neck, back and bladder. Taylor sued Rosson and the owner of Rosson’s vehicle, David Rosson. Taylor alleged that Jacqueline Rosson was negligent in the operation of her vehicle. Taylor further alleged that David Rosson was vicariously liable for Jacqueline Rosson’s actions. The Rossons conceded liability, and the trial solely addressed causation and damages., Taylor claimed that the crash caused her to suffer urinary stress incontinence, and soft tissue sprains and strains to her neck and lower back. She first sought treatment with her primary care doctor on Nov. 8, 2016, and then underwent two months of physical therapy. She also had approximately four pain-management sessions between January 2017 and March 2017. Taylor had urinary stress incontinence in the past, but she underwent a transvaginal tape procedure in 2015 that allegedly healed the condition. She alleged that, during the subject accident, her seat belt pressed onto her bladder, it and causing her incontinence to return. She has had numerous visits with a urologist since the crash. (Her alleged neck and back were not major issues at trial.) Taylor claimed that she goes through two or three sanitary pads every day due to her incontinence. She also claimed that she is constantly wetting herself and that it affects her both at home and at work. Taylor further claimed that she would eventually need another transvaginal tape procedure to resolve her incontinence. Taylor sought recovery of past and future medical expenses, and damages for her past and future pain and suffering. Her counsel asked for a total of $8 million in damages. Defense counsel called Taylor’s treating urologist as a witness. The urologist stated that it is rare for trauma to cause urinary stress incontinence and that it is even rarer for a car accident to cause the condition. The defense’s expert urologist also opined that the condition rarely results from trauma. Defense counsel further noted that there were no objective signs of injury to the abdomen or the bladder after the subject crash. Counsel contended that when Taylor went to her primary care doctor on Nov. 8, 2016, Taylor told the doctor that she had been having urinary leaks since July of that year. Taylor had been involved in an auto accident in July 2016, and defense counsel attributed Taylor’s incontinence to that accident.
COURT
Superior Court of Los Angeles County, Santa Monica, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury