Case details

Defense claimed plaintiff was partially to blame for crash





Result type

Not present

aggravation of pre-existing condition, arthritis, knee
On April 1, 2016, plaintiff Joan Kathleen Gibson, 61, a film and television editor, was driving on Bundy Drive, in Los Angeles, when her pickup truck was broadsided by a sport utility vehicle operated by Kyle Foster, who was making a left turn from West Pico Boulevard onto Bundy Drive. Gibson claimed to her knees. Gibson sued Foster, alleging that Foster was negligent in the operation of his vehicle. Gibson claimed that she had the right of way, as she entered the intersection on a green circular light, and that Foster was negligent for attempting a left hand turn in front of her. Gibson’s counsel contended that Foster, who was 17 years old at the time, only had his driver’s license for one week and had failed to yield to Gibson’s right of way. As a result, counsel asserted that Foster was 100 percent at fault for the accident. Defense counsel asserted that Gibson was driving too fast for the traffic conditions, making Gibson comparatively at fault for the accident. Counsel noted that both vehicles were declared total losses, and contended that the damage to Gibson’s pickup truck was so extensive that Gibson must have been speeding through the intersection and failed to watch the traffic in front of her. Defense counsel argued that had Gibson been watching the traffic, she would have seen Foster making his left hand turn. As a result, defense counsel asserted that Gibson was at least 50 percent at fault for the accident., Gibson claimed the collision exacerbated her pre-existing arthritic knees. Gibson claimed that after the impact, she had severe pain and major bruising to her knees. She was immediately taken to a hospital and then underwent one year of treatment, which included platelet rich plasma injections to her knees and physical therapy for her pain. However, she claimed that her knee pain never went away and that her arthritis was accelerating because of the impact to her knees. Gibson claimed that her arthritic condition to her knees were exacerbated to the point where she will need total knee replacement surgeries to both knees in the next five years, with each surgery costing $150,000. Gibson sought recovery of over $880,000 in total damages, including $300,000 for future medical expenses and over $580,000 for her past and future pain and suffering. Defense counsel argued that Gibson’s from the accident were temporary and had resolved within a year of the accident. Counsel contended that Gibson only sustained bruising and pain to her knees, but agreed that Gibson’s treatments for the one year were reasonable. However, defense counsel disputed the alleged need for total knee replacements were related to the accident, since there was nearly a two-year gap in treatment, and argued that Gibson’s arthritis was going to get worse regardless of whether she was involved in the accident. Defense counsel requested that the jury find 50 percent comparative fault and only award Gibson $20,000 for her past pain and suffering. As such, defense counsel asserted that Gibson should only recover $10,000.
Superior Court of Los Angeles County, Long Beach, CA

Recommended Experts


Get a FREE consultation for your case