Case details

Defense: Plaintiff stopped vehicle abruptly prior to collision

SUMMARY

$41257.65

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
carpal tunnel syndrome shoulder, head, headaches neck, wrist
FACTS
At around 6:30 a.m. on Jan. 21, 2014, plaintiff Kerri Westrick, 51, a schoolteacher, was preparing to make a left turn from westbound East Manning Avenue onto Zumwalt Avenue, in Reedley, when her 2005 Scion was rear-ended by a 2007 Dodge Ram pickup truck operated by Gary Riggins. The impact caused Westrick’s vehicle to travel into the oncoming lane and collide with the left, front portion of a non-party, 2004 Chevrolet Silverado. Westrick claimed to her wrists, head, neck, and shoulder. Westrick sued Riggins, alleging that Riggins was negligent in the operation of his pickup truck. Prior to the subject collision, Riggins was traveling west on Manning Avenue at approximately 50 to 55 mph. He claimed that he applied his brakes, but was unable to avoid the collision. Thus, Riggins admitted liability, but claimed there was comparative negligence on the part of Westrick for allegedly stopping suddenly before attempting to turn left., Westrick complained of neck pain, head abrasions, and tingling and numbness in her arms and thumbs. She was subsequently taken to an emergency room, where she was treated and released. Westrick then treated her pain conservatively with physical therapy, and subsequent electrical diagnostic studies demonstrated bilateral carpal tunnel syndrome. She ultimately underwent a right carpal tunnel release on Dec. 23, 2014, and a left carpal tunnel release on March 19, 2015. Westrick claimed that she was unable to work as a schoolteacher for two weeks after the accident and at various times over the following two years because of doctor’s appointments. Westrick claimed that she continues to suffer from headaches, and pain in her wrists, neck, and a shoulder. She also claimed that she suffers from post-traumatic stress disorder as a result of witnessing and being involved in a life-altering collision. Westrick was diagnosed with PTSD on July 25, 2014 and subsequently received treatment for stress, fear and anxiety, which allegedly inhibited her ability to sleep and drive/ride in a car. Thus, Westrick sought recovery of $23,505.42 in past medical costs for the cost of two surgeries, rehabilitation and counseling; $14,703 in past lost wages; and $170,000 in future medical costs for her ongoing care and treatment, which included various forms of counseling and medication for her PTSD. Her husband, John Westrick, sought recovery for his loss of consortium. However, plaintiffs’ counsel did not ask they jury to award any specific amount, other than to suggest that the Westricks’ damages warranted a few hundred thousand dollars. Defense counsel disputed the nature and extent of Ms. Westrick’s alleged , particularly her claim that she sustained bilateral carpal tunnel syndrome and PTSD. Although Ms. Westrick and her experts claimed that bilateral carpal tunnel syndrome was caused by a traumatic impact to both wrists, defense counsel argued that the condition was due to repetitive movement and unrelated to the accident. Thus, defense counsel asked that the jury award Ms. Westrick no more than $50,000.
COURT
Superior Court of Fresno County, Fresno, CA

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