Case details
Plaintiff: Backhoe accident resulted in toe amputation
SUMMARY
$3679191.81
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
neurological, reflex sympathetic
FACTS
On the morning of Dec. 8, 2005, plaintiff Steven Lawson, 49, a plumber, was using a laser to check the depth of a plumbing trench that was being dug at a construction site he was working at, located at 796 Palmyrita Avenue in Riverside. At the time, John McDaniel, who was doing business as JMC Backhoe, was operating a 2005 John Deere 310SG backhoe when its bucket struck Lawson’s left foot, fracturing his small toe. Lawson sued McDaniel and his business, Chamberlain Backhoe Service. He alleged that McDaniel was negligent in the operation of the backhoe, causing the accident. Defense counsel contended that Lawson was being inattentive and that this negligence was at the least a contributory factor in causing the accident., Lawson was taken by ambulance from the scene of the accident and presented to an emergency room. He suffered a crush injury to his left small toe, which had to be surgically amputated roughly a year after the accident. Lawson developed complex regional pain syndrome, also known as reflex sympathetic dystrophy, a chronic pain condition, in his left foot. He claimed that medications and a spinal cord stimulator failed in relieving the pain, and that excessive medication for his foot damaged his already diseased kidneys. Lawson also claimed that he has not been able return to work since the accident due to his CRPS. Thus, he sought recovery of approximately $10 million in total damages, including $134,000 in past medical costs, $256,000 in past lost earnings, and unspecified amounts for future medical costs, future loss of earnings capacity, and past and future pain and suffering. However, defense counsel claimed that the plaintiff sought upwards of $13 million in total damages at trial. Defense counsel contended that Lawson’s kidney failure and related treatment was completely unrelated to the accident in question.
COURT
Superior Court of Riverside County, Riverside, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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