Case details
Head-on crash caused need for several future surgeries: claimant
SUMMARY
$250000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arthritis, foot, fracture, heel, traumatic foot
FACTS
On Aug. 6, 2019, claimant Ashley Scott, 31, a reservation supervisor, was driving on a curvy road in Salinas when her vehicle was struck head-on by a vehicle operated by Ryan Nash, who was traveling in the opposite direction when he crossed over the center line. Scott sustained an injury of her right foot. In lieu of filing a lawsuit, Scott sought direct recovery from Nash’s insurance provider, Mercury Insurance Group. Scott alleged that Nash was negligent in the operation of his vehicle. Scott claimed that Nash was traveling at an excessive speed for the roadway. Specifically, she claimed that Nash was driving at least 55 mph on the curvy road and that Nash had nearly had a head-on collision with another vehicle moments before striking her vehicle. Nash denied speeding, claiming that he was only going about 36 mph. However, he did not dispute crossing over the center line., Scott was taken by ambulance to Natividad Trauma Center, in Salinas, where she was diagnosed with dislocated fractures of her right, dominant foot. She underwent open reduction and internal fixation on Aug. 7, 2019, the day after the accident. She then underwent physical therapy from Dec. 3, 2019, until April 30, 2020. Scott claimed that she was able to go back to work as a reservation supervisor, but that her right foot is deformed and she suffers from post-traumatic arthritis and osteopenia, a condition in which bones get weaker due to a loss of bone mass. She alleged that as a result, she is in constant pain and cannot walk for more than 30 minutes without swelling and pain. Scott claimed that she will need future surgeries, including multiple arthroplasties and fusions of her right foot. Specifically, she claimed that she will require a mid-foot fusion, a fusion of the metatarsocuneiform joints of her second and third toes, and a flexion fusion of her metatarsocuneiform joints. Scott sought recovery of past and future medical costs, and damages for her past and future pain and suffering.
COURT
Matter not filed, CA
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