Case details

Plaintiff claimed future surgery required to remove screw





Result type

Not present

fractures, rib, wrist
On Nov. 13, 2009, plaintiff Vanessa Avila, 21, a student and part-time waitress, was westbound on Butterfield Ranch Road in Chino Hills, when she was struck by a vehicle operated by Tim Feng, who was making a left turn in front of her. Avila sustained fractures to a wrist and a rib. Avila sued Feng and Simin Chen, Feng’s mother and owner of his vehicle. She alleged that Feng was negligent in the operation of his vehicle and that Chen was vicarious liable for his actions. Chen was later dismissed from the suit and Feng conceded liability. Thus, the matter proceeded to trial against Feng only on the issues of causation and damages., Avila was taken to a hospital. Originally, she was thought to have sustained sprains, but after she saw her expert orthopedic surgeon, she was diagnosed with a scaphoid fracture to her right, dominant wrist. She also sustained a fracture to the 9th rib on her right side. For treatment and repair, Avila underwent open reduction and internal fixation on her wrist at Kaiser Permanente about two months after the accident. Avila, who was a part-time waitress and student studying respirational therapy at the time of the accident and is currently employed as a respirational therapist, claimed that she continues to suffer wrist pain. She also claimed that as an avid softball player pre-accident, she could not play as well after the surgical repair due to a combination of a decreased range of motion and pain in her wrist when she threw the ball. The plaintiff’s orthopedic surgery expert opined that Avila would require future surgery to remove a screw from the fixation and that when taken out, it would correct her issues of pain and limitation of motion. Defense counsel contended that the surgery to remove the screw is unnecessary.
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts


Get a FREE consultation for your case