Case details

Moped operator and passenger injured in vehicle collision

SUMMARY

$5450000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
arm's radius, chronic lower back, fracture, fractured ribs, pain
FACTS
Shortly after midnight on March 23, 2013, plaintiff Rick Gosalvez, 36, a marketing manager for a technology company, was operating his moped on West Hedding Street, in San Jose, with plaintiff Chris Pham, D.D.S., 36, a pediatric dentist, as his passenger. As they entered the intersection with The Alameda, they were struck by a Santa Clara County Sheriff’s patrol car operated by Deputy Amanda Padilla, who entered the intersection from The Alameda. Gosalvez and Pham were subsequently ejected from the moped, and they both claimed back . Gosalvez and Pham sued Padilla and Padilla’s employer, the county of Santa Clara. Gosalvez and Pham alleged that Padilla was negligent in the operation of the patrol car and that county was vicariously liable for Padilla’s actions during the course and scope of her employment. Plaintiffs’ counsel contended that Padilla was driving on The Alameda when she ran a red light at the intersection with West Hedding Street and struck Pham and Gosalvez. Padilla and the county eventually admitted liability., Gosalvez and Pham complained of back pain and other , and were subsequently taken by ambulance to Regional Medical Center of San Jose. Gosalvez sustained bulging lumbar discs, which were verified on an MRI. He also sustained three fractured ribs and a fracture of an arm’s radius. Gosalvez underwent a few months of physical therapy, was prescribed pain medication, and received a Transcutaneous Electrical Nerve Stimulation (TENS) unit, which sends stimulating pulses across the surface of the skin and along the nerve strands in order to treat nerve-related pain conditions. Gosalvez claimed he continues to suffer chronic lower back pain and requires facet joint injections. He also claimed that it may be necessary for him to undergo lumbar surgery in the future. Thus, Gosalvez sought recovery of approximately $90,000 in past Howell medical expenses, and he claimed his future care could also cost as much as $90,000 for the facet joint injections and lumbar surgery, if necessary. He also sought recovery of approximately $5,400 in past wage loss and other miscellaneous economic losses, and recovery of damages for his past and future pain and suffering. Pham sustained a thoracic fracture at the T10 level, three rib fractures, and lacerations to his liver and spleen. He was subsequently admitted to the intensive care unit and stayed at the hospital for eight days. Pham was prescribed pain medication and then treated with a few months of physical therapy. He also underwent acupuncture, facet joint injections, and received a TENS unit. Pham claimed that he remained incapacitated for several months and that due to his chronic lower back pain, he has not been able to return to the practice of dentistry, and is not expected to do so in the future. Pham also claimed that he can no longer take part in sporting activities that he once enjoyed, such as skiing and hiking. However, Pham was able to return to administrative work in the dental field, overseeing three dental practices. Thus, Pham sought recovery of approximately $211,000 in past Howell medical expenses, and he claimed his future care could cost several hundred thousand dollars. He also claimed that his past wage loss was calculated to be approximately $966,000 and that his future loss of earning capacity was estimated to be several million dollars. Pham also sought recovery of damages for his past and future pain and suffering. Defense counsel asserted that Pham’s chronic pain could be lessened, which would allow Pham to return to the practice of dentistry. Counsel also contended that Pham is now making more money managing his dental practices than he was when he was practicing dentistry.
COURT
Superior Court of Santa Clara County, Santa Clara, CA

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