Case details

Plaintiff claimed hand nonfunctional after accident





Result type

Not present

brain, brain damage, brain injury, fracture, internal bleeding, neck, traumatic brain injury
On April 6, 2016, plaintiff Norma McPhoy, 70, a retiree, was driving on South Prairie Avenue, in Inglewood. When she attempted to make a left turn onto Pincay Drive, her vehicle was struck on the front, passenger side by a vehicle operated by Luis Ramirez. McPhoy sustained to her head, neck and left hand. McPhoy sued Ramirez and the owner of Ramirez’s vehicle, Jorge Torres. McPhoy alleged that Ramirez was negligent in the operation of his vehicle and that Torres was vicariously liable for Ramirez’s actions. The operator of Rally’s Crenshaw (also known as Rally’s Hamburgers No. 6164), PRM Investments LLC, was also named as a defendant, but it was ultimately dismissed from the case. Plaintiff’s counsel contended that McPhoy was in the middle of the intersection, making a left turn, when the light turned red, which is allowed, but that Ramirez ran a red light on Pincay Drive, causing the crash. Defense counsel argued that McPhoy was at fault for the accident and that Ramirez did not run a red light., McPhoy sustained a degloving injury to her left, non-dominant hand. She also sustained a traumatic brain injury, including two brain bleeds, and a fracture of the superior articular facet of her cervical spine at C6. She was taken to a hospital and underwent skin grafting on her hand. McPhoy claimed her hand is painful, contracted, disfigured and completely nonfunctional. She also claimed that she is embarrassed about her hand and often covers it up in public. McPhoy alleged that she wears a special sleeve to cover her hand in public so that she does not shock or upset others. The plaintiff’s expert hand surgeon opined that McPhoy could undergo a surgical amputation and use a prosthesis, or undergo staged operations on the hand to remove scar tissue in the hope of improving the hand’s appearance and function. The plaintiff’s spinal surgery expert opined that McPhoy requires physical therapy and two rhizotomies a year for the rest of her life. The expert also opined that McPhoy will need future care, including in-home care, for activities of daily living. McPhoy sought recovery for her past and future medical costs, and past and future pain and suffering. Defense counsel contended that there were gaps in McPhoy’s treatments.
Superior Court of Los Angeles County, Santa Monica, CA

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