Case details
Plaintiff claimed brain injury from rear-end collision
SUMMARY
$2119875.48
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, brain, brain damage, brain injury, cervical disc injury, cervical spine facet injury, facet syndrome, facet syndrome neck, neck
FACTS
On Feb. 4, 2013, plaintiff Kayleigh McCall, 29, a stay-at-home mother, was driving south on Cabrillo Highway, also known as State Route 1 or Highway 1, in Morro Bay. While stopped for a red traffic light at the intersection with Yerba Buena Street, McCall’s 2003 Hyundai Accent was rear-ended by a bobtail truck driven by Paul Ceja, a driver for Coast Line Distributing Inc., while traveling between 55 and 60 mph. Ceja was under the influence of controlled substances at the time of the collision. McCall claimed the impact caused brain and neck . McCall sued Ceja and Coast Line Distributing Inc., which is co-owned by Ceja’s father. McCall alleged that Ceja was negligent in the operation of his truck and that Coast Line Distributing was vicariously liable for Ceja’s actions. She also alleged that Coast Line Distributing was negligent for entrusting the vehicle to Ceja. Plaintiff’s counsel contended that Coast Line Distributing knew of Ceja’s history of drug abuse, incarcerations, felony convictions, drug rehabilitation programs, and driver’s license suspensions. Thus, counsel argued that Ceja was an unfit truck driver and that Coast Line Distributing employed Ceja with a knowing disregard for the rights and safety of others. Ceja and Coast Line Distributing admitted liability at the trial. However, Coast Line Distributing denied having advance knowledge of Ceja being allegedly unfit for the job., McCall claimed that she sustained a brain injury and a cervical spine facet injury. She ultimately underwent a facet block injection and a radiofrequency ablation to several levels of her cervical spine. McCall claimed that both facet block injection and radiofrequency ablation gave her significant relief, but that she will require one radiofrequency ablation every 12 months for the rest of her life. Thus, McCall sought recovery for her past and future medical costs. She also sought recovery of damages for her past and future pain and suffering. In addition, McCall sought recovery of punitive damages as a result of Coast Line Distributing’s alleged conscious disregard for the rights and safety of others by employing Ceja, despite allegedly knowing his history of drug abuse, incarcerations, felony convictions, drug rehabilitation programs, and driver’s license suspensions. Defense counsel disputed the extent of McCall’s , and argued that Coast Line Distributing had no advance knowledge of Ceja being allegedly unfit for the job.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, 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
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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