Case details
Intersection crash caused wrist injury, motorcyclist claimed
SUMMARY
$95000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, torn, triangular fibrocartilage complex, wrist
FACTS
On June 11, 2010, plaintiff Gerald Meisel, a security guard in his 50s at the M. H. de Young Memorial Museum, was riding his motorcycle on Irving Street in San Francisco when he was struck by a Lexus operated by Madelena Dong. Prior to the collision, Dong stopped at a stop sign on 8th Avenue before attempting to turn left onto Irving Street. During the crash, Meisel was knocked off his motorcycle and he sustained to his right wrist. Meisel sued Dong, alleging the defendant was negligent in the operation of her vehicle. Dong conceded liability., Meisel was taken by ambulance to the emergency room at St. Mary’s Medical Center in San Francisco, where he was examined and underwent X-rays. Meisel sustained bumps and bruises. Meisel claimed he also fractured the scaphoid bone in his right, dominant wrist. He then presented to his primary care physician on June 16, 2010, and was referred to an orthopedic surgeon, who X-rayed Meisel’s wrist. The surgeon then referred Meisel to an expert orthopedic hand surgeon. Meisel subsequently underwent extensive conservative treatment, including physical therapy, with the expert hand surgeon. However, Meisel claimed that when no improvement was seen, he underwent arthroscopic wrist surgery in February 2012. During this arthroscopy, the plaintiff’s treating expert physician observed that the triangular fibrocartilage complex in Meisel’s wrist was torn so badly that no repairs could be completed. Instead, the surgeon opted to do a general cleanup of the wrist. Meisel took off work for six weeks following the surgery. His expert orthopedic hand surgeon opined that the tear was probably related to the accident, as the trauma was on one side of the complex, instead of in the middle of the complex, as a degenerative tear clinically presents itself. Despite treatment, Meisel continues to complain of pain in his wrist once or twice per week. He also claimed he does not have full strength in his right wrist and he sometimes wears a soft brace that he got from the drugstore. Meisel does not treat with any medications and has not had any further treatment, but he has returned to work. Thus, Meisel sought recovery of $35,000 to $50,000 in lost wages, as he had to take nine to 10 months off work in total and did not return to work until March 2011. He also sought recovery of $12,000 in past medical costs, which was reduced via Howell, as well as an unspecified amount of damages for his past and future pain and suffering. Defense counsel disputed approximately 30 percent of Meisel’s wage loss claim. The defense’s orthopedic surgeon performed an exam of Meisel and returned no opinion on whether the tear was related to the accident or not. The expert opined that he is also unsure of Meisel’s pain, because the fracture had healed.
COURT
Superior Court of San Francisco County, San Francisco, CA
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