Case details

Plaintiff: Broadside caused neck, shoulder and head injuries





Result type

Not present

brain, brain injury, concussion, depression, head, herniated disc, mental, neck, psychological, traumatic brain injury
On Sept. 15, 2015, plaintiff Tammy Bliss, 55, a real estate commercial investor, was driving in Irvine when her vehicle entered the intersection with MacArthur Boulevard and Redhill Avenue and was broadsided by a vehicle operated by John Abel. Bliss claimed to her head, neck, back and a shoulder. Bliss sued Abel and Abel’s employer, Mazda Motor of America Inc. Bliss alleged that Abel was negligent in the operation of his vehicle and that Mazda Motor was liable for Abel’s actions while in the course and scope of his employment. Abel was dismissed from the case prior to trial. Bliss’ counsel contended that Abel made a negligent left turn against a red arrow, causing the collision. Mazda Motor admitted liability., Both vehicles were totaled, and Bliss was transported by ambulance to a hospital. Bliss sustained cervical herniations and extrusions at the C5-6 and C6-7 levels. She also claimed she sustained a mild traumatic brain injury (a concussion), resulting in post-concussion syndrome. In addition, she claimed suffered an impingement and tear of the acromioclavicular joint in her left shoulder, resulting in traumatic arthritis. Bliss received consistent treatment through the time of trial, including injections and healthcare provider visits. She also underwent an artificial disc replacement at C5-6 and C6-7. Bliss claimed that she suffers from gait instability due to her TBI. She also claimed she suffers from post-traumatic stress disorder and chronic depression as a result of the accident. The plaintiff’s expert orthopedic surgeon opined the Bliss will require an adjacent disc level replacement within several years and a total shoulder replacement within 10 years. The expert also opined the Bliss currently needs an acromioclavicular joint surgery on her left shoulder. In addition, the plaintiff’s experts in orthopedic surgery and life care planning both opined that within the next year, Bliss will need live-in home nursing care for the rest of her life. Bliss sought recovery of future medical costs, and damages for past and future pain and suffering. During closing arguments, plaintiff’s counsel asked jury to award Bliss over $11 million in total damages. Defense counsel did not dispute Bliss’ disc replacements and damages related to Bliss’ herniated discs. However, defense counsel disputed Bliss’ alleged need for future acromioclavicular joint surgery and total left shoulder replacement, and adjacent disc space fusion or replacement. Counsel also disputed Bliss’ alleged TBI and PTSD, as well as the need for lifetime future care and nursing.
Superior Court of Orange County, Orange, CA

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