Case details

Defense counsel disputed the extent of pedestrian’s injuries

SUMMARY

$23030.07

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, finger, hand, mental, neck, post-traumatic stress disorder, psychological, PTSD
FACTS
On Jan. 7, 2013, plaintiff Jennifer Carranza was working as a waitress at a restaurant in Livermore when a white Cadillac Escalade sport utility vehicle drove into the restaurant. The operator of the SUV, Steven Svetlik, accidentally drove his Escalade into the restaurant during lunch time, when the restaurant was occupied with customers. His vehicle traveled through the front wall of the restaurant and out the back wall, causing tables, chairs, and windows to be smashed. Carranza fell down while trying to escape being struck by the vehicle. She claimed she was mentally and physically injured, including to her neck, back and hands. Carranza sued Svetlik, alleging that Svetlik was negligent in the operation of the vehicle. At trial, Carranza described the accident scene as a war zone, in that it appeared as if a bomb had exploded in the restaurant. Plaintiff’s counsel presented photographs of the debris caused by the accident. Svetlik conceded liability., Carranza claimed she suffered to her back, neck and hands. She also claimed she suffers post-traumatic stress disorder as a result of the incident. Carranza sought treatment for her alleged back and neck pain, and she presented to a psychologist, who diagnosed her with PTSD. Carranza claimed she still had ongoing neck and back pain at the time of trial. She also claimed she still undergoes treatment for her physical and mental . Thus, Carranza sought recovery of approximately $8,418 in past medical costs, $5,646.25 in past wage loss and $14,000 in future medical costs. She also sought recovery of $85,920 in damages for her past pain and suffering and $226,665 in damages for her future pain and suffering. Since Carranza was working as a waitress at the time of the incident, her employer’s workers’ compensation carrier paid for her medical treatment, including mental health treatment. As a result, the carrier appeared as a plaintiff in intervention. Defense counsel disputed the nature and extent of Carranza’s alleged .
COURT
Superior Court of Alameda County, Hayward, CA

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