Case details
Motorcyclist claimed brain injuries from crash with SUV
SUMMARY
$18572941.8
Amount
Verdict-Mixed
Result type
Not present
Ruling
KEYWORDS
blunt force trauma to the head, brain, brain injury, diffuse axonal, face, facial, facial laceration, femoral, fracture, head, hip, knee, left hip, left knee, neck, nose, patella, subarachnoid hemorrhage, subdural hematoma, traumatic brain injury
FACTS
On March 16, 2011, at approximately 3:15 p.m., plaintiff Chris Haynes II, 43, a security guard, was riding his Harley Davidson motorcycle on westbound Rinaldi Avenue in Granada Hills when he entered the intersection with Shoshone Avenue and crashed into a sport utility vehicle that was operated by Grace Pak, who was making a left turn from eastbound Rinaldi Avenue onto northbound Shoshone Avenue. Haynes suffered permanent traumatic brain from the accident, as well as to his face, left knee, and left hip. Haynes, by and through his guardian ad litem, Chris Haynes (his father), sued Grace Pak; Ms. Pak’s father, Timothy Pak; Ms. Pak’s uncle, Charles Kim; and Kim’s closely held corporation, U.S. Metro Group Inc. Chris Haynes II alleged that Ms. Pak was negligent in the operation of her vehicle and that the remaining defendants were vicariously liable for Ms. Pak’s actions because Ms. Pak was acting as an agent of the other three defendants at the time of the accident. (Grace Pak had a $15,000 minimum limits automobile policy, so the plaintiff sued her uncle and his corporation on various agency theories.) Plaintiff’s counsel contended that Ms. Pak failed to yield the right of way at the subject intersection, causing Chris Haynes II’s motorcycle to crash head-on into passenger side of Ms. Pak’s SUV. Ms. Pak claimed that Haynes was speeding in a school zone at the time of the accident and, thus, contributed to his . In addition, all defendants denied the agency allegations., Chris Haynes II sustained fractures to his left cheek and orbital bones, as well as fractures to the femoral neck of his left hip and patella of his left knee. He also sustained blunt force trauma to his head. Haynes was subsequently taken by ambulance to an emergency room, where he was diagnosed with diffuse axonal shearing, bilateral cerebral contusions, a right subarachnoid hemorrhage, and a left subdural hematoma as a result of the head trauma. It was also determined that Haynes’ head resulted in a permanent brain injury. Haynes ultimately underwent open reduction and internal fixation of his left orbital floor, left femur, and left patella. As a result of Haynes’ traumatic brain , he has lost his ability to walk and self-feed, as well as suffers from other serious cognitive deficits. He has been hospitalized multiple times at Providence Holy Cross Medical Center in Mission Hills to undergo surgeries and to treat for seizures, as well as receive related follow-up care. In addition, Haynes claimed he is unable to ever work again due to his condition. Haynes sought recovery of $100 million in total damages, which included $795,000 in past medical care and a life care plan totaling $11 million. Defense counsel did not dispute the severity of Haynes’ alleged .
COURT
Superior Court of Los Angeles County, Long Beach, CA
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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
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