Case details

Intersection crash caused multiple injuries, plaintiff alleged




Mediated Settlement

Result type

Not present

head, headaches knee, knee, medial meniscus, tear ankle
At approximately 7:45 p.m. on Jan. 8, 2009, plaintiff Patricia Duke, a 59-year-old unemployed woman, was driving west on Talbert Avenue in Huntington Beach when he attempted a left turn at the intersection with Newland Street. As she entered the intersection, a vehicle operated by June Hilbert, who was traveling east on Talbert Avenue, struck her. Duke claimed to her neck, lower back, left shoulder, left elbow, left knee and both ankles. Duke sued Hilbert. She alleged the defendant was negligent in the operation of her vehicle. Specifically, Duke contended that she had a green left turn arrow at the subject intersection and that Hilbert, who was traveling straight, ran a red light on eastbound Talbert Avenue. Hilbert admitted liability for the accident., Duke was taken from the scene of the accident by ambulance and brought to an emergency room. She claimed soft-tissue strains and sprains to her neck and lower back, as well as to her left elbow and both ankles. Duke further claimed a torn medial meniscus of her left knee and post-traumatic headaches. Duke claimed she developed a build-up of calcification in her left shoulder, which her treating orthopedist opined had developed over time from the trauma of the collision. As a result, Duke treated with physical therapy, orthopedic evaluations, nerve conduction studies and steroid injections through July 2012. However, she claimed she requires arthroscopic surgery for her shoulder, for which she still experiences residual pain and reduced range of motion. Thus, Duke claimed $27,432 in past medical costs, and sought recovery of an unspecified amount of damages for her future medical costs and for her past and future pain and suffering. Defense counsel contended that Duke’s complaints slowly but surely escalated as time went by, and that her initial complaints were minimal as to the left shoulder. Counsel also contended that the need for shoulder surgery was not evident in the multiple MRIs that were taken, and that even the plaintiff’s own expert agreed that Duke over-treated and was over-billed for her .
Superior Court of Orange County, Santa Ana, CA

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