Case details
Plaintiff claimed driver attempted negligent U-turn
SUMMARY
$525000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, lumbar
FACTS
On Christmas Eve, Dec. 24, 2011, the plaintiff, a 20 year old from Los Angeles who worked in the fashion industry, was operating a BMW 3 Series vehicle on a two-lane road that had a center turning lane in San Diego. When she attempted to drive around a driver that had pulled up towards the right hand side of her vehicle, the other driver began to make a U-turn into a church parking lot. As a result, the other driver’s vehicle sideswiped the plaintiff’s vehicle, allegedly causing to the plaintiff’s back. The plaintiff sued the driver and the driver’s employer, who also owned the vehicle. The plaintiff alleged that the other driver was negligent in the operation of his vehicle and that the driver’s employer was vicariously liable for the driver’s actions. Plaintiff’s counsel contended that the other driver violated California Vehicle Code § 22103. The other driver admitted running late for church and pulling over toward the parking lot on the right side of the road. He further admitted that when he realized the parking lot had a cone in front of it because it was full, he tried to turn around. Thus, the driver admitted liability for the accident., The plaintiff called her father after the collision and he took her to a hospital. The plaintiff was subsequently diagnosed with a 3- to 4-millimeter disc bulge at L5-S1. Approximately one year later, she underwent a minimally invasive microdiscectomy to treat her lumbar injury. Defense counsel disputed the extent of damages alleged, as well as the plaintiff’s course of treatment. Counsel contended that the plaintiff’s medical charges were excessive and questioned the causal relationship of the medical treatment.
COURT
Confidential, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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