Case details

Plaintiff claimed injuries from multiple impact crash




Mediated Settlement

Result type

Not present

ankle, cervical disc injury, fracture, neck
On Sept. 10, 2009, at 7:23 a.m., plaintiff Michael Disbrow, 54, a professional auto body estimator, was operating his 2004 Toyota Camry in a southbound lane on the 110 Freeway, south of the Union Oil overcrossing in San Pedro, when his vehicle was struck by a 2004 Ford F450. Disbrow claimed that the impact caused his vehicle to strike a bus in the lane to the left of him and then strike the center, concrete barrier of the freeway. His vehicle then continued back across the freeway, where it struck the right side barrier. He claimed to his left ankle, elbow and thumb from the incident. Disbrow sued the driver of the Ford F450, Mark Cumbess, and the vehicle’s owner, the city of Los Angeles, which also employed Cumbess for work in its Harbor Department. Disbrow alleged that Cumbess was negligent in the operation of his vehicle and that the city was vicariously liable for Cumbess’ actions. Disbrow claimed that his vehicle was struck by the defendants’ vehicle when Cumbess moved from behind a Los Angeles Unified School District bus in the left lane, into the lane he was traveling in. He alleged that this caused his Camry to go out of control and strike the left, rear side of the bus traveling in the left lane before striking the center, concrete barrier of the freeway. Disbrow further claimed that the impact with the center median caused his vehicle to continue out of control back across the freeway, to the right, where it struck the right side barrier. Cumbess disputed liability for the accident and claimed that the incident did not occur as the plaintiff alleged., Disbrow claimed he sustained comminuted fractures of the medial malleolus and bimalleolar fracture with displacement to his left ankle. He also claimed he sustained an entrapped ulnar nerve to his left elbow and a tendon injury to his left thumb. Disbrow subsequently underwent open reduction and internal fixation for his ankle fracture, a left elbow surgery and a thumb surgery. Thus, he claimed approximately $510,000 in past medical costs and approximately $160,000 in past loss of earnings. Defense counsel disputed the causation, nature and extent of Disbrow’s . Specifically, counsel denied Disbrow’s thumb injury and contended that Disbrow already had a pre-existing back injury.
Superior Court of Los Angeles County, Los Angeles, CA

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