Case details

Plaintiff: Car crash caused brain injury, fractures of spine

SUMMARY

$4875000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, back, brain, brain damage, brain injury, chest, fracture, fusion, neck, nerve impingement, neurological, rib, sternum, stroke, thoracic, traumatic brain injury
FACTS
On Aug. 17, 2018, plaintiff Donald Daniels, 84, a retiree, was at a complete stop, in the left turn pocket of northbound Seal Beach Boulevard, at the intersection with St. Andrews Drive, in Seal Beach. When the left turn arrow appeared, he proceeded into the intersection in an attempt to turn into the entrance of Leisure World, when his vehicle was struck head-on by a vehicle operated by Andrew Badalian, who was traveling on southbound Seal Beach Boulevard. Daniels sustained to his back, chest, an arm, pelvis and head. Daniels sued Andrew Badalian and the owner of Andrew Badalian’s vehicle, Suren Badalian. Daniels alleged that Andrew Badalian was negligent in the operation of his vehicle and that Suren Badalian was vicariously liable for Andrew Badalian’s actions. Daniels’ counsel contended that Andrew Badalian was traveling at an excessive rate of speed and that Badalian failed to stop for a red light, causing the crash. Counsel also contended that Badalian never attempted to stop for the red light and that multiple witnesses saw him run the light. Defense counsel conceded liability. The matter proceeded to damages., Daniels sustained fractures of vertebrae at T7, L2, L3, L4 and L5. He also sustained fractures of the sternum, left ulna and right ilium, as well as multiple rib fractures and a pneumothorax. In addition, he sustained a mild traumatic brain injury and a pulmonary embolism that led to a stroke. Daniels was taken to a hospital. He ultimately underwent an instrumented thoracic fusion of the posterior spine from T4 to T10 with the insertion of Harrington rods, a T6 laminectomy and a decompression of the epidural intraspinal lesion, which was causing cord compression. Plaintiff’s counsel contended that following the collision, Daniels was either hospitalized or in a rehabilitation facility for a total of 173 days. As a result, Daniels spent two birthdays in the hospital. Plaintiff’s counsel also contended that Daniels can no longer ambulate on his own and now requires 24/7 care for the rest of his life. Daniels sought recovery of damages for his past and future pain and suffering. (His medical specials were waived.) Defense counsel disputed Daniels alleged future pain and suffering, noting Daniels’ already advanced age and life expectancy.
COURT
Superior Court of Orange County, Fullerton, CA

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