Case details

Plaintiff claimed arm fractures from high-speed, rollover crash





Result type

Not present

arm, emotional distress, fracture, mental, psychological
On Oct. 9, 2010, at approximately 1:30 a.m., plaintiff LaTonya Dumas, a nurse in her 30s, was driving a mini-sport utility vehicle east on the San Mateo-Hayward Bridge when she was rear-ended at a high rate of speed by a vehicle operated Karel Balmaceda-Moran. The impact caused Dumas’ vehicle to flip multiple times and land on its wheels. Dumas fractured her left forearm in the accident. Dumas sued Balmaceda-Moran, alleging the defendant was negligent in the operation of his vehicle. Balmaceda-Moran admitted liability. Thus, the matter proceeded to a bench trial on damages, during which Balmaceda-Moran appeared in pro per., Dumas was taken from the scene of the accident by ambulance and brought to an emergency room. She sustained fractures to the radius and ulna of her left, non-dominant arm. Dumas subsequently underwent open reduction and internal fixation surgery within one week of the accident and followed up with roughly eight weeks of physical therapy. Dumas claimed she still experiences pain and stiffness in her left arm from overuse or changing weather. She further claimed emotional distress from the accident, having experienced nightmares and a driving phobia. In addition, Dumas missed three months of work following the accident. Thus, Dumas sought recovery of $38,327 in past medical costs and lost earnings, and $400,000 in damages for her pain and suffering. Balmaceda-Moran, appearing in pro per, did not dispute damages at trial.
Superior Court of Alameda County, Oakland, CA

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