Case details
Plaintiff: Accident exacerbated pre-existing brain lesion
SUMMARY
$550000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
head, headaches
FACTS
On May 24, 2010, at approximately 7:05 pm, plaintiff Noushin Moeini, a Farsi language poet and author in her 50s, was operating her vehicle in a southbound lane on Sepulveda Boulevard when she stopped for a red light at the Roscoe Boulevard intersection. Subsequently, when the light turned green, Moeini resumed travel, but then collided with a bus operated by Danny Ramirez Lima, who was initially southbound on Sepulveda Boulevard, initially traveling in the lane to Moeini’s left. The collision occurred a few feet south of the intersection. Officers responded to the scene and no physical were noted in the police report. There was minor damage to the driver side, rear fender area of Moeini’s vehicle, and some transfer paint scrapings on the passenger side, front end of the bus. In the months following the collision, Moeini began to experience increasing headaches. Moeini sued Lima and the owner of the bus, MV Transportation Inc. She alleged that Lima was negligent in the operation of his vehicle and that MV Transportation was vicariously liable for his actions. Specifically, Moeini contended that Lima’s bus drifted into her lane, causing a low-speed collision. Lima denied liability and claimed that Moeini was a distracted driver who drifted into the left lane, causing the low-speed collision with the bus., Moeini had a pre-existing non-malignant 2-centimeter brain lesion that she admitted caused some headaches before the collision. However, she testified that those headaches became increasingly unbearable in the months following the collision. Two months after the accident, Moeini presented to a doctor with complaints of severe headaches and was treated for whiplash. On June 30, 2010, an MRI confirmed the pre-accident diagnosis of a non-malignant brain lesion. Moeini later underwent a transcranial resection in Tehran, Iran, on Jan. 23, 2011, to remove the lesion and relieve pressure on her optic nerves. As a complication of the surgery, Moeini’s left eye lost most of its vision, and she experienced some memory loss and unsteady balance. She also had a surgical scar that ran across her hairline. Thus, Moeini incurred medical expenses of approximately $29,045. The plaintiff’s neurosurgery expert opined that the severe headaches were due to increased intracranial pressure resulting from the trauma of the motor vehicle collision. Defense counsel relied on their own neurosurgery expert, who reported that there was no evidence that the motor vehicle collision caused the need for a transcranial resection of the pre-existing brain lesion. Counsel also denied that any of Moeini’s damages were caused by or contributed to the collision.
COURT
Superior Court of Los Angeles County, Van Nuys, 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
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- scapula
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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