Case details

Plaintiff alleged rollover caused brain and shoulder injuries





Result type

Not present

anxiety, back, brain, brain injury, cognition, depression, fracture, head, headaches, insomnia, lower back, mental, neurological, psychological, radiculopathy, sensory, shoulder, speech, traumatic brain injury, vertigo
On Oct. 22, 2011, at approximately 11:14 a.m., plaintiff Frank Persinger, 41, a utility worker, was driving on eastbound State Route 58 in Bakersfield. When he was near the Mayer Avenue exit, Persinger was rear-ended by a vehicle operated by William Matthews, Jr. The impact caused Persinger’s vehicle to roll over and come to rest on its hood, allegedly causing to his head and left shoulder. Persinger sued Matthews and the owner of the vehicle, Gene Watson Construction Inc., Matthew’s employer. Persinger alleged that Matthews was inattentive to traffic conditions and negligent in the operation of his vehicle. He also alleged that Gene Watson Construction was vicariously liable for his actions., Persinger suffered a traumatic brain injury with a laceration to his skull, as well as a collarbone fracture and a torn rotator cuff on his left side. He was subsequently taken by ambulance to an emergency room, where he underwent a shoulder decompression. Persinger then followed up with some physical therapy. Persinger claimed he still has limited range of motion and pain in his left shoulder, as well as a permanent scar. He alleged that as a result, he may require arthroscopic surgery. Persinger also claimed tingling in his left hand, an aggravation of a lower back injury, S1 radiculopathy, and left knee pain and popping. He further claimed he suffers from cognitive effects stemming from his head injury, including short-term memory loss, headaches with “brain freeze,” shortened attention span and focus, personality change/mood swings, vertigo, decreased libido, depression, anxiety, post-traumatic stress disorder, nightmares, flashbacks, and insomnia. Persinger claimed he missed 64 weeks of work, but had to return due to financial constraints. He also claimed that due to his diminished physical and psychological condition, he was passed over for a promotion that would have earned him a substantially greater income. In addition, Persinger claimed that he cannot fully participate in activities with his son, including golfing and bike riding, as well as participate in other social activities, like going on vacation, and hobbies, like mixed martial arts and weight lifting. Thus, Persinger claimed $37,143.75 in past medical costs, $117,779.20 in past lost earnings, and unspecified amounts for his future medical costs, future lost earnings, and past and future pain and suffering.
Superior Court of Kern County, Kern, CA

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