Case details

Garbage truck collision caused cognitive impairment: plaintiff





Result type

Not present

brain, brain damage, brain injury, cognition, head, headaches, impairment, mental, psychological, traumatic brain injury
On April 25, 2016, plaintiff Michael DiSenso, 42, a master chief petty officer for the U.S. Navy, was driving on an entry ramp, heading from Famosa Boulevard to Nimitz Boulevard, in San Diego. When he was near the end of the ramp, his sport utility vehicle was rear-ended by a 17-ton garbage truck, pushing DiSenso’s vehicle into a pickup truck ahead of him. DiSenso claimed that he suffered of his head. DiSenso sued the operators of the garbage truck, Steven Glover and Richard Hayes; and the owner of the garbage truck, the city of San Diego, which employed the truck’s operators. DiSenso alleged that Glover and Hayes were negligent in the operation of the garbage truck and that the city was vicariously liable for their actions. (DiSenso was unsure whether Glover or Hayes was the driver of the truck at the time of impact, so both were named in the lawsuit.), DiSenso claimed that he hit his head on the steering wheel and headrest during the collision. He was taken by ambulance to the emergency room at Navy Medical Center, in San Diego, where he was treated for minor and released. A few days later, DiSenso allegedly began to suffer severe headaches, dizziness, slurred speech and cognitive impairment. He claimed that he sustained a traumatic brain injury from the subject collision. DiSenso claimed that he ultimately retired from the U.S. Navy because his brain injury impacted his ability to fulfill his duties. He also claimed that his will require ongoing monitoring, treatment, care and counseling. DiSenso’s wife, Lea DiSenso, presented a derivative claim seeking recovery for her loss of consortium.
Superior Court of San Diego County, San Diego, CA

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