Case details
Mother negligently entrusted vehicle to teen son: plaintiff
SUMMARY
$2962902.77
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
calcaneus, chest, comminuted fractures, five fractured ribs, foot, fractured sternum, fractured toes, heel, knee pain, right foot, right patella, toes
FACTS
At around 11 p.m. on July 22, 2012, plaintiff David Schoonover, 56, a vehicle sales manager, was driving his Honda Civic on Roseville Road, in Roseville, when it was struck head-on by a Honda Civic operated by Cameron Elford. Schoonover sustained to his chest, foot, heel, and knee. Schoonover sued Cameron Elford (age 17) and the owner of Cameron’s vehicle, Cameron’s mother, Lisa Pashenee. Schoonover alleged that Cameron was negligent in the operation of his vehicle and that Pashenee was negligent for entrusting her vehicle to her son. Plaintiff’s counsel noted that at the time of the accident, Cameron had passengers in his vehicle, which is a violation of California’s driving restrictions for 16 and 17 year olds, which state that the only passengers allowed are a parent, legal guardian, or qualified trainer for the duration of the permit. Counsel also contended that Cameron was driving while intoxicated. Plaintiff’s counsel argued that Cameron had two prior incidents in which police stopped Cameron, during which time Cameron had unauthorized passengers in the vehicle. Counsel contended that during the first incident, nine months before the subject accident, Cameron was stopped in a supermarket parking lot for possession of beer and tequila, for which he received a citation. Counsel contended that during the second incident, three months before the subject accident, Cameron was stopped for possession of marijuana. Plaintiff’s counsel acknowledged that during both incidents, Cameron’s vehicle was already stopped, and he was not driving, when his vehicle was approached by police. However, plaintiff’s counsel argued that, considering the prior incidents, Pashenee should not have allowed Cameron to drive her vehicle. Cameron admitted that he was negligent and driving while intoxicated. Defense counsel argued that Pashenee had taken steps to punish Cameron after each offense, such as taking his vehicle away, grounding him for six weeks, taking his Xbox game station away, and taking his cell phone away. In response, plaintiff’s counsel argued that Pashenee’s parental remedies were not enough and that Pashenee must not have even known about the California driving restrictions for 16 and 17 year olds. Plaintiff’s counsel also argued that something like a driving contract between Pashenee and her son should have been utilized., Schoonover sustained a fractured sternum, five fractured ribs, fractured toes on his right foot, and comminuted fractures of his right patella and calcaneus. He was subsequently taken by ambulance to Sutter Roseville Medical Center, in Roseville. Schoonover ultimately underwent open reduction and internal fixation on both his knee and heel fractures, during which hardware was placed. However, the hardware from his patella was removed two years later and the hardware from his calcaneus is to be removed some time in future, when a subtalar fusion is done. Schoonover claimed that he took six months off from work and was then released for sedentary. He also claimed that his movement was limited due to the use of crutches for 1.5 years. Schoonover then went back to work full time in January 2015. Schoonover claimed that he still has limitations, such as not being able to walk or sit, for long. He also claimed he still has to perform sedentary work. Thus, Schoonover sought recovery of past medical costs, and past and future loss of earnings. He also sought recovery for his past and future pain and suffering. His wife, plaintiff Thuy Bich, 41, a cosmetologist, sought recovery for her loss of consortium.
COURT
Superior Court of Sacramento County, Sacramento, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury