Case details
Hit-and-run accident caused multiple injuries to pedestrian
SUMMARY
$350000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, brain, brain injury, concussion, fracture, head, knee, knee contusion, neck, transverse process ankle, transverse process head, vertebra
FACTS
On March 31, 2018, claimant Shelley Gallagher, 60, a retiree, was walking in a crosswalk, in Salinas, when she was struck by a vehicle, which then fled the scene. The driver was never identified. Gallagher claimed to her head, back, ankles and right foot. Gallagher sought recovery via the supplementary-uninsured-motorist provision of her own insurance policy, which was administered by USAA., Gallagher sustained blunt force trauma to her head, resulting in a concussion; a transverse process fracture to her lumbar spine at L1; and an avulsion fracture to her right ankle. She also sustained multiple abrasions, contusions and soft tissue to her body, including her left ankle. Gallagher was transported to a hospital’s emergency department, where she underwent multiple diagnostic studies. After undergoing wound care for the multiple abrasions, she was released from the hospital. She then followed up with an orthopedic specialist and a neurologist. She also underwent physical therapy and further diagnostic testing. Gallagher claimed that she will possibly need future physical therapy, steroid injections to her left ankle, and medications. She also claimed that she might possibly require surgeries to her right knee and left ankle. Gallagher sought recovery of approximately $87,400 in past medical costs based on her adjusted medical bills for the ambulance, emergency room treatment, follow-up doctor visits, diagnostic testing, and physical therapy. She also sought recovery for her future medical costs, and past and future pain and suffering. USAA initially disputed the amount of Gallagher’s alleged damages, but did not dispute Gallagher’s or needed for future medical care.
COURT
Matter not filed, 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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