Case details

Defense claimed plaintiff driver exaggerated PTSD claims





Result type

Not present

anxiety, emotional distress, mental, physical injuries, psychological
On May 4, 2010, plaintiff Janine Thalbaum, a sales employee in her 40s, was driving in Dublin, Calif., when her vehicle was broadsided by a vehicle operated by Yaseetha Srikumar. The impact caused Thalbaum’s vehicle to roll over once, allegedly causing emotional distress and de minimis physical . Thalbaum sued Srikumar, alleging the defendant was negligent in the operation of the vehicle. Srikumar ultimately conceded liability., Thalbaum was taken by ambulance to a hospital to be checked out and was released later that day. Thalbaum alluded to transient, de minimis physical that included a few minor cuts and a little stiffness. She subsequently presented to a chiropractor, whom she had previously seen before the accident, for an evaluation and checked out okay. (Thalbaum did not ask for any compensation for these .) However, Thalbaum claimed that she continued to suffer nightmares and anxiety as a result of the accident. Specifically, she claimed suffers post-traumatic stress disorder while driving, causing her to start treatment with a marriage, family and child counselor three years after the incident. Defense counsel disputed the nature and extent of Thalbaum’s claims. Counsel contended that there was a delay in treatment for Thalbaum’s alleged psychological condition and that there appeared to be no affect on Thalbaum’s social activities outside of the home after the accident, noting that Thalbaum remained an active member of a Rotary Club, where she did not miss any meetings. In addition, defense counsel contended that Thalbaum continued to drive, despite her alleged psychological issue related to it.
Superior Court of Alameda County, Hayward, CA

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