Case details

Motorcycle crash caused shoulder joint injury: passenger

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
acromioplasty shoulder
FACTS
On June 19, 2010, plaintiff Kitty Braley, 43, a college student, was a passenger on the back of a motorcycle operated by Micah Wittenborn. As they were traveling on Highway 299 in Humboldt County, Wittenborn lost control of the motorcycle, causing it to crash on the side of the highway. Braley was ejected from the bike and sustained a serious injury to her left, non-dominant shoulder. Braley sued Wittenborn for motor vehicle negligence. Plaintiff’s counsel noted that the responding California Highway Patrol Officer concluded that Wittenborn was 100 percent at fault for the accident. Wittenborn admitted liability in response to the plaintiff’s request for admissions., Braley suffered an acromioclavicular joint injury to her left shoulder. She was subsequently treated at Mad River Community Hospital in Arcata and, upon her release, was directed to seek treatment closer to her home in Washington. Braley ultimately required an acromioclavicular joint reconstructive surgery on July 13, 2012. However, she later developed a post-surgical infection at the wound site and required a second surgery on Sept. 28, 2012, to clean out the infection. Braley also underwent several months of antibiotic infusion therapy via a skin portal to resolve the infection. Braley, who was a college student at South Puget Sound Community College, claimed that her infection has since resolved, but still suffers residual weakness in her left shoulder. Thus, claimed $81,025.44 in medical expenses and sought recovery of damages for her pain and suffering.
COURT
Superior Court of Humboldt County, Humboldt, CA

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