Case details
Intersection crash aggravated prior medical issues: plaintiff
SUMMARY
$175000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain injury, breast implant, chest, cognition, concussion, damage, head, impairment, mental, neck, psychological
FACTS
On May 16, 2019, plaintiff Yung Gieser, 60, a nanny, was driving on Sunridge Road, in Pebble Beach. As she entered an intersection, a compact vehicle operated by Anders Dahlstrom pulled out from a stop sign on a cross street. Gieser attempted to avoid a collision by steering to the left, but the front, passenger side of her sedan was struck by the front of Dahlstrom’s sedan. After the impact, Gieser’s car continued across the opposing lane of traffic and went off the roadway, where it struck a tree head-on. Gieser claimed to her head and neck. Gieser sued Dahlstrom, alleging that Dhalstrom was negligent in the operation of his vehicle. Gieser’s counsel contended that Dahlstrom failed to remain stopped at the stop sign until the Gieser’s vehicle, which had the right of way, was through the intersection and that, instead, Dahlstrom pulled out directly into the Gieser’s path. Dahlstrom admitted liability for the collision., Gieser claimed she sustained a concussion and a soft tissue injury to her neck due to an aggravation of a previously ruptured breast implant. She was taken to a hospital, where she underwent X-rays and an MRI. Gieser then sought treatment from her primary care physician and underwent a course of physical therapy. Gieser claimed that she suffers from symptoms related to post-concussion syndrome, including cognition impairment. She admitted that she had pre-existing cognitive issues and pre-existing breast implant damage, but alleged that the subject accident aggravated her pre-existing issues. She claimed that as a result, she would possibly need future medical treatment, including prescriptions and over-the-counter medications, as well as periodic visits to her primary care physician and a neurological office. Gieser sought recovery of approximately over $20,000 in past medical costs, based on her adjusted medical bills, and $4,800 in lost wages. She also sought recovery of an unspecified amount of future medical costs, and unspecified amounts of damages for her past and future pain and suffering. Defense counsel initially disputed the nature and severity of Gieser’s alleged and damages.
COURT
Superior Court of Monterey County, Monterey, 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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