Case details

Defense disputed passengers’ alleged damages following crash

SUMMARY

$63395.07

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, depression, impairment, mental, neck, psychological, traumatic brain injury, whiplash
FACTS
On June 1, 2015, plaintiffs Hannah Portello-Swagel, 35, a freelance web developer, and Clarissa Padilla, 35, were passengers in a vehicle operated by Crystal Nelson. As they were slowing on the Parker Road exit on Interstate 5, in Castaic, their vehicle was rear-ended by a Ford F-350 pickup truck operated Sergio Santana, an employee with the county of Los Angeles. Portello-Swagel claimed to her head, back and neck; Padilla claimed to her back and neck; and Nelson also claimed . Portello-Swagel, Padilla and Nelson sued Santana and his employer, the county of Los Angeles. The plaintiffs alleged that Santana was negligent in the operation of the pickup truck and that the county was liable for Santana’s actions while in the course and scope of his employment. Nelson ultimately dropped her claim prior to trial. Santana, who was ultimately dismissed from the case, testified that he was traveling at approximately 40 to 45 mph prior the collision and that was slowing down. Thus, the county admitted liability at trial., Portello-Swagel and Padilla were both taken by ambulance to a hospital. Portello-Swagel claimed that the whiplash from the accident caused her to sustain a mild traumatic brain injury, which caused her post-concussion syndrome. She also claimed that the whiplash caused an injury to her pituitary gland and caused pain in her back and neck. Regarding her alleged pituitary injury, Portello-Swagel alleged that the trauma from the accident resulted in an adrenal insufficiency and lowered human growth hormone production. She claimed that her caused weight gain, cognitive deficiencies and impairment, fatigue, depression, and a loss of focus and productivity. As a result, Portello-Swagel treated with numerous medical providers, including the Centre for Neuro Skills, in Los Angeles, and the California Center for Pituitary Disorders at University of California, San Francisco. Portello-Swagel claimed that she had to reduce her work capacity as a result of her condition and that her back and neck pain limited her ability to work for prolonged periods as a freelance developer. She also claimed that she was placed on human growth hormone replacement and that she will need that therapy for the rest of her life. Thus, Portello-Swagel sought recovery of $6,663,691.10 in total damages, including $96,698 in past lost earnings, $134,145.10 in past medical costs, $500,000 in non-economic damages for her past pain and suffering, $949,079 in future loss of earnings, $1,983,769 in future medical costs, and $3 million in non-economic damages for her future pain and suffering. Padilla claimed the accident caused sprain and/or strain to her back and neck. She subsequently treated with several chiropractors and admitted that her symptoms resolved within six months of the incident. Thus, Padilla sought recovery of $27,585.79 in total economic damages, including $7,585.79 in past medical costs and $20,000 in non-economic damages for her past pain and suffering. Defense counsel contested the plaintiffs’ damages claims, arguing that the plaintiffs’ alleged damages were not reasonable or objectively supported by the evidence. Defense counsel admitted that it was reasonable for Portello-Swagel to seek initial treatment for her back and neck pain, but argued that those symptoms should have resolved within three months. Counsel also disputed Portello-Swagel’s alleged brain and pituitary , citing the lack of any medically objective evidence to support those claims. In addition, counsel disputed the validity of the medical testing that Portello-Swagel used to show an adrenal and human growth deficiency, arguing that the testing was flawed and did not support Portello-Swagel’s claim. Defense counsel further argued that Portello-Swagel previously suffered from depression and that her business income was already trending down before accident. Thus, counsel argued that none of Portello-Swagel’s alleged symptoms were attributed to the subject accident. As for Padilla, defense counsel disputed the amount of alleged damages, arguing that Padilla was already treating with a chiropractor before the accident and that Padilla’s symptoms should have resolved within three months.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case