Case details
Family: Head-on crash caused teen’s death and mom’s injuries
SUMMARY
$3551037.84
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, crush injury, death, foot, heel, loss of society, metatarsal, multiple trauma, multiple traumatic, neck, pain
FACTS
On July 6, 2011, plaintiffs’ decedent DJ Madero, 16, was a passenger in a vehicle with her family, which included her mother, plaintiff Eloisa Madero, and her brother, plaintiff JC Madero. DJ’s high school sweetheart was also in the vehicle. The Maderos were driving through San Bernardino County on their family vacation. As they set out on Aqueduct Road, also known as State Route 62, in San Bernardino County, a vehicle operated by Mercedes Broughton approached from the opposite direction, veered over the centerline, and struck the Madero vehicle head-on. DJ subsequently died at the scene, while her mother, Eloisa Madero, sustained to her neck, back and foot. The decedent’s parents, Eloisa Madero and Arsenio Madero, and the decedent’s brother, JC Madero, sued Mercedes Broughton and the believe owner of Ms. Broughton’s vehicle, Paul Broughton. The decedent’s family alleged that Ms. Broughton was negligent in the operation of her vehicle and that Mr. Broughton was vicariously liable for Ms. Broughton’s actions. Mr. Broughton was ultimately dismissed from the case. Ms. Broughton presented a “sudden emergency” defense, claiming that the gravel shoulder caused her car to veer across the road. Defense counsel also argued that improper seat belt use on the part of the decedent caused or contributed to the decedent’s fatal and that Eloisa Madero was comparatively negligent., DJ Madero sustained multiple traumatic and died at the scene. Eloisa Madero sustained a crush injury to her fifth metatarsal. She also claimed severe neck and back pain, which limited her ability to work as a special education teacher. She is subsequently undergoing ongoing physical therapy for her . Thus, the decedent’s mother, father and brother sought recovery of wrongful death damages for the death of DJ. Eloisa Madero also sought recovery for her own past and future medical expenses, and for her past and future pain and suffering.
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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