Case details

Fall down dark ravine resulted in traumatic brain injury: plaintiff

SUMMARY

$3500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, contusion, face, facial, fracture, frontal lobe, head, mental, nose, psychological, skull, traumatic brain injury
FACTS
On Dec. 8, 2012, the plaintiff, a 40-year-old teacher, attended a spiritual retreat at a facility in Santa Barbara County. While she was exploring the grounds after dark, she fell down a 20-foot ravine onto the path with rocks below. She sustained head in the fall. The plaintiff sued the facility and the group handing the spiritual retreat. The plaintiff alleged the defendants negligently maintained the property, creating a dangerous condition. The plaintiff claimed that poor lighting, a lack of any barricade/railing and a failure to warn of said danger caused her fall. Her counsel also noted that the plaintiff was the third of four people to fall down the ravine. Defense counsel contended that there was substantial comparative fault on the part of the plaintiff, asserting that the plaintiff was negligent for walking around the rural setting to explore the area at 12:30 a.m. on a pitch-black evening., The plaintiff suffered a traumatic brain injury, secondary to bi-frontal cerebral contusions, frontal and temporal lobe extra-axial hemorrhages, bilateral frontal and temporal lobe punctate hemorrhages, and a basilar skull fracture. She also suffered multiple facial and sinus fractures. The plaintiff was subsequently taken by ambulance from the scene of the accident and brought to an emergency room, where she underwent an emergency ventricular shunt placement and right frontotemporal craniotomy for decompression. However, the plaintiff was deemed temporarily disabled and it was recommended that she undergo continued cognitive rehabilitation on a daily basis. The plaintiff claimed that as a result of the brain trauma, she suffers from several mental disorders, including, but not limited to, confusion, decreased awareness, poor attention and severe memory loss. She also claimed that she has very limited vision in her right eye and that she is constantly irritable, cannot adequately express herself, and frequently urinates herself. She claimed that as a result, she has been unable to return to work. Thus, the plaintiff sought recovery of approximately $330,000 in past medical costs, and up to $10 million in future medical expenses/life care plan and lost earnings. She also sought recovery of damages for her past and future pain and suffering. Her husband presented a derivative claim, seeking recovery of damages for his loss of consortium. The injured plaintiff’s workers’ compensation carrier intervened, prior to filing an action, with a past and prospective future claim. Defense counsel contended that the injured plaintiff did not suffer a permanent brain injury and that the injury should not prohibit her from finding employment after a vocational rehabilitation program was completed. Defense counsel noted that while the injured plaintiff was being treated for her , the defendants provided housing for her family and was very supportive of the injured plaintiff.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA

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