Case details

Plaintiff claimed injuries caused by crash with reversing car

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, deviated septum, face, head, lower back, nose, stroke, temporomandibular, TMJ, upper back
FACTS
On May 26, 2009, plaintiff Elaine Green, a woman in her 60s who was on disability since 1995, was a passenger in a Toyota Jetta that was operated by her live-in boyfriend. As they were exiting a parking lot at 2966 Adeline Street in Berkeley, a vehicle operated by Steven Majoros, as it was reversing out of a diagonal parking space, struck them. Majoros had parked headfirst and the rear bumper of his vehicle came into contact with the front passenger side bumper of Green’s vehicle, which he claimed was double-parked behind other diagonally parked cars. No police were called to the scene, so no police report was made. Green sued Majoros for motor vehicle negligence. She alleged that Majoros was negligent for backing out of his parking spot in an unreasonable manner. Green testified that she saw Majoros begin to back out of his spot. According to defense counsel, Green also testified that she turned to talk to the driver of her car and did not see Majoros’ vehicle again until the impact occurred. Majoros contended that he looked over his right shoulder when backing up and that suddenly he saw Green’s vehicle at the last second. He claimed that he applied his brakes aggressively, but could not stop his vehicle completely before coming into contact with Green’s vehicle., Green left the scene of the accident and had her boyfriend drove her to the emergency room at Alta Bates Medical Center in Berkeley. She complained of neck and back pain, but nothing else. Green alleged soft-tissue to her neck, upper back and lower back. She also alleged a head injury that affected her balance and shoulder pain. In addition, Green claimed that her nose was hurt as if she “broke her face.” She further attributed a deviated septum in her nasal passage, a temporomandibular joint disorder, a stroke and aneurysms forming behind her eyes to the accident. Green was kept on the medications she was already taking, including Vicodin, Valium and Ibuprofen, and was discharged the same day with instructions to see her primary care physician if her symptoms persisted. She testified that the physicians at Alta Bates did not refer her for chiropractic treatment, but she sought care from a chiropractor the day after the accident anyway. She subsequently treated the chiropractor 20 times through Aug. 3, 2009, and stopped treating with him because she believed her were beyond his help. In November 2009, Green received an MRI of her brain that was compared to one taken in 2008, and it was determined to have no changes. In April 2010, Green underwent a craniotomy to remove the aneurysms form behind both her eyes. Defense counsel argued that medical records did not confirm Green’s contention that her aneurysms were related to the accident. Counsel also argued that there was no causation due to the minor impact because the force generated on Green was much too insignificant to have caused bodily injury, let alone the types of she alleged. Moreover, counsel contended that Green’s medical conditions, with the exception of the deviate septum and the aneurysms, all predated the accident. Defense counsel argued that the deviated septum and the aneurysms could not have possibly been produced by the accident based on the forces involved, and because the medical records did not reflect any causation.
COURT
Superior Court of Alameda County, Oakland, CA

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