Case details

Driver unsafely pulled out from side street, plaintiffs claimed





Result type

Not present

back, brain, brain damage, brain injury, bulging disc, cervical, cognition, concussion, head, lumbar head, mental, neck, psychological, traumatic brain injury
On July 23, 2014, plaintiff Hui Chun Kang, 44, a part-time bookkeeper and a homemaker, and her mother, plaintiff Chang Soon Pak, 66, a retiree, were driving on a residential road in San Ramon. Their vehicle struck a vehicle operated by Derek Robertson, who had pulled out in the front of Kang’s vehicle from a side street. Kang sustained to a hand, back and neck. Pak sustained to his head. Kang and Pak sued Robertson, alleging that Robertson was negligent in the operation of his vehicle. Two minor children, Brain Kang and Ryan Kang, were passengers in Hui Chun Kang’s vehicle at the time of the accident. They also claimed , but they settled their claims prior to trial. Plaintiffs’ counsel asserted that Robertson negligently crossed into the plaintiffs’ right of way. Counsel performed a scene inspection and obtained a computer simulation that demonstrated that the collision could not have transpired as Robertson described. Counsel also asserted that the forensic evidence made clear that the plaintiffs’ version of the collision was accurate. Robertson disputed liability until the weeks before trial, maintaining that Hui Chun Kang should have done more to avoid the hazard he created., Hui Chun Kang and Chang Soon Pak were both immediately taken to a hospital. Kang sustained a comminuted fracture of the fifth metacarpal, resulting in ulnar entrapment at the wrist. She also sustained bulging cervical and lumbar discs, which caused her chronic pain. Kang underwent conservative treatment of the finger fracture, which was slow healing, but the treatment failed to achieve meaningful results. She ultimately underwent surgical ulnar nerve release after a year hiatus in treatment. Kang claimed that she continues to experience persistent neck and back pain in the years following the collision. She alleged that she is now limited in the length of time that she can perform activities of daily living and that as a result, she avoids certain activities. Pak claimed she sustained a mild traumatic brain injury. In the months and years following the crash, Pak began to experience difficulty with memory and concentration, which went largely undiagnosed. Pak’s doctors made objective findings of mild traumatic brain injury and post-concussion syndrome. Pak claimed that she now avoids certain activities, like prolonged walks. Yon Chun Pak presented a derivative claim.
Superior Court of Contra Costa County, Contra Costa, CA

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