On July 8, 2010, at approximately 5:15 p.m., plaintiff Ashley Dawson, 30, was riding her bicycle on westbound Broadway, in Santa Cruz, when she entered the intersection with Ocean Street and was struck by Kay Clark’s vehicle, which was traveling on westbound Broadway, to the left of Dawson. Clark was attempting a right turn from westbound Broadway onto northbound Ocean Street when the accident occurred. Dawson rolled up onto the hood of the car and fell back down on the pavement. She sustained a fracture of the left wrist, and she claimed soft-tissue to her neck, back, and knees. Dawson sued Clark, alleging the defendant was negligent in the operation of her vehicle. Specifically, Dawson claimed Clark made an unsafe right turn at the subject intersection, resulting in the hooking accident. Clark claimed that Dawson was inattentive and proceeding at a speed that was excessive for the conditions of a heavily traveled intersection. She ultimately conceded negligence, but contended that Dawson was comparatively negligent., Dawson fractured her left, non-dominant wrist and was subsequently taken by ambulance to an emergency room, where she underwent emergency surgery with the insertion of a plate and screws. Dawson claimed that she also sustained soft-tissue strains and sprains of her neck, back, and knees. She followed up with roughly one year of treatment, which included physical therapy and acupuncture. Dawson claimed that she made a fairly good recovery from her wrist injury, but that she has some residual scarring at the surgical site. She also claimed her soft-tissue have since resolved. Thus, Dawson sought recovery of roughly $97,000 in past medical costs (post-Howell). She also sought recovery of damages for her pain and suffering. Defense counsel did not dispute the nature and extent of Dawson’s wrist fracture or the appropriateness of her treatment for that injury. However, counsel disputed the nature and extent of the alleged soft-tissue , asserting that much of Dawson’s treatment for those alleged was unnecessary.
