Case details
Defense: Subsequent injuries a result of pre-existing conditions
SUMMARY
$360000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, depression, impairment, mental, psychological, subdural hematoma, traumatic brain injury
FACTS
On Oct. 14, 2014, plaintiff Francisco Castaneda, 68, a retiree, was walking his bicycle in Adelanto when a tractor-sized lawn mower operated by Thomas Jarvis attempted to pass him on the street. Castaneda was struck on the head, and he fell to the ground. Castaneda sued Jarvis and Jarvis’ employer, San Bernardino County. Castaneda alleged that Jarvis was negligent in the operation of the lawn mower and that the city was vicariously liable for Jarvis’ actions while in the course and scope of his employment. Castaneda has no memory of the accident. However, plaintiff’s counsel noted that a California Highway Patrol officer was called to the scene and determined that Jarvis was at fault. Jarvis and the county conceded liability., Castaneda suffered a head laceration, subdural hematomas and a traumatic brain injury. Plaintiff’s counsel contended that there was probable injury to Castaneda’s pituitary gland and that Castaneda rapidly declined after sustaining the injury. Castaneda claimed that he suffers permanent brain damage, as well as neurological and neurocognitive defects. He also claimed that he previously suffered diabetes, chronic kidney disease, hypertension and vascular disease, among other medical conditions, and that his head aggravated those conditions. Castaneda further claimed that as a result of his brain injury, he ultimately suffered a heart attack, syncopal episodes, seizures, an injury of the pituitary gland, and amputations of his left and right toes. He eventually required a below-the-knee amputation, followed by an above-the-knee amputation of his left leg. In addition, Castaneda claimed that because of his brain injury, he suffers severe depression, pseudobulbar affect (emotional incontinence), impulsivity, aggression and rage, which resulted in him physically harming his family and making suicide attempts. Plaintiff’s counsel contended that Castaneda’s health was relatively under control in the years leading up to the accident, but that after the incident, Castaneda was never the same. Castaneda’s expert life care planner indicated that Castaneda would need in excess of $15 million in future services and care. Plaintiff’s counsel asked the jury to award Castaneda $10 million to $100 million in total damages. Defense counsel argued that Castaneda’s current disabilities are a result of the natural progression of his pre-existing conditions and that the head injury was a mild brain injury that resolved within months of the accident. Counsel contended that Castaneda was not in good health prior to the accident and that Castaneda had a long history of more than 10 years of uncontrolled diabetes, hypertension and high cholesterol, which caused the heart attack, amputations and other complications.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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