Case details

Defense denied pedestrian suffered permanent brain injury

SUMMARY

$218500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, blunt-force trauma to head occasional pain, brain, brain injury, cognition, concussion, fracture, head, impairment, mental, psychological, right arm, traumatic brain ., traumatic brain injury
FACTS
On Dec. 5, 2012, plaintiff Samuel Gallagher, 14, a ninth grade student, was crossing Sixth Street, in Los Angeles, when he was struck by a vehicle operated by Rebecca Latham. Samuel was thrown up onto the vehicle, struck the windshield, and then rolled off to the ground. He sustained to his right arm and head. Samuel, by and through his guardian ad litem, Meg Gallagher, sued Latham, alleging that Latham was negligent in the operation of her vehicle. Samuel claimed that he was walking in a crosswalk when Latham struck him at a high rate of speed. Thus, plaintiff’s counsel contended that Latham was negligent for speeding, failing to keep a proper lookout, and failing to yield to a pedestrian. Defense counsel argued that Samuel may not have been in the crosswalk and that Samuel ran into the side of Latham’s vehicle, instead of being struck by the front of the vehicle. Thus, counsel contended that Latham did not see Samuel until the last second before impact and that Samuel was at least partially to blame for the accident., Samuel sustained a fracture of the right, dominant arm and a concussion. He was subsequently taken by ambulance to a hospital. Samuel claimed he suffered a traumatic brain injury from the blunt-force trauma to his head. Samuel claimed he was left with mild limitations to his right arm, as he has occasional pain. Plaintiff’s counsel contended that Samuel suffered permanent cognitive loss, resulting in slowed decisional speed. Counsel claimed that Samuel had attention-deficit/hyperactivity disorder his whole life, but that the subject accident and head trauma aggravated his ADHD and made it permanent. Plaintiff’s counsel contended that Samuel was a gifted student, but that he now necessitates permanent assistance in school, such as needing extra time to take tests and someone to take notes for him. Counsel also contended that Samuel’s education would be delayed, in that it would take Samuel an extra year or two to finish college and that if Samuel pursued higher education, it would also be delayed by a year or two. Thus, plaintiff’s counsel asserted that Samuel would enter the job force later and would have to stop working earlier. Counsel contended that since Samuel’s work life would be diminished by many years, Samuel would suffer a loss of income. Defense counsel contended that Samuel’s fractured arm healed fairly well and quickly. Counsel also contended that any head alleged injury sustained by Samuel was only a concussion and that all of the alleged symptoms would resolve within six months. The defense’s expert neuropsychologist opined that Samuel’s alleged brain injury did not cause any permanent cognitive loss and that Samuel’s condition would resolve.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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