Case details

Plaintiff claimed broadside crash caused shoulder tear





Result type

Not present

chest, emotional distress, fracture, mental, psychological, shoulder, sternum
On March 7, 2013, at approximately 5:10 p.m., plaintiff Virginia Watts, 83, was driving on westbound 4th Street, in San Dimas, when she entered the intersection with North San Dimas Avenue and was broadsided by a vehicle operated by Clare Faivre, who was driving north on North San Dimas Avenue. Watts sustained a chest injury and she claimed she suffered a shoulder injury. Watts sued Faivre, alleging that Faivre was negligent in the operation of her vehicle. Watts contended that Faivre ran a red light on North San Dimas Avenue and caused the crash. Faivre initially denied liability, but ultimately admitted liability at trial., Watts sustained a fractured sternum. She was subsequently transported by ambulance to a hospital, where she remained hospitalized for seven days. Watts also claimed she sustained a rotator cuff tear to her right shoulder in the accident, but it went undiagnosed until 1.5 years later. She had no surgery or treatment for either injury. Watts, now 85, fully recovered from her , but she claimed she suffers residual emotional distress. She also claimed she now has a fear of driving and suffers a loss of independence. Watts treated her residual issues with a counselor. Defense counsel denied some of Watts’ alleged , specifically the rotator cuff tear The defense’s expert orthopedic surgeon opined that there was no rotator cuff tear, just normal age-related degeneration, especially for an 85 year old. The expert also opined that because of the late diagnosis and the fact that there was never any treatment for the rotator cuff tear, Watts’ alleged shoulder condition must have been unrelated to the subject accident.
Superior Court of Los Angeles County, Santa Monica, CA

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