Case details
Plaintiff claimed lifelong ankle injuries from fall at a party
SUMMARY
$1100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ankle, dislocation of the right ankle, foot, hypersensitivity, numbness, toes, trimalleolar fracture
FACTS
On Dec. 6, 2013, plaintiff Rebecca Young, 20, a college student, was in attendance at a party being held at her friend’s family’s house when Young’s friend, Jaycee Lowe, jumped up onto, and into, Young’s body in an attempt to greet her. As a result, Young was knocked over, and she injured her ankle in the fall. Young sued Jaycee Lowe, alleging that Lowe’s conduct was negligent and reckless. Young and several witnesses claimed that Lowe was intoxicated. Lowe’s counsel asserted that while witnesses saw that Lowe was drinking alcohol at the party, it was disputed as to whether she was intoxicated. However, Lowe did not dispute liability for the incident., Young was driven by a friend to the emergency room at St. Joseph’s Hospital, where she was diagnosed with a trimalleolar fracture and dislocation of the right ankle. Young subsequently underwent surgery on her ankle. However, she claimed that by the time she was ready to undergo surgery, her bones had already begun to unite. Therefore, the surgeon had to re-fracture her bones in preparation to reset them during surgery. Young then developed tarsal tunnel syndrome, a compression neuropathy and painful foot condition in which the tibial nerve is compressed as it travels through the tarsal tunnel. She claimed that as a result, she suffered from hypersensitivity and numbness in her foot and toes. Thus, Young underwent a second surgery to address the numbness in her foot and toes. Young claimed that she was unable to walk without assistance until six months after the accident. She also claimed that despite the surgeries, she continues to experience pain and weakness while engaging in limited activities, and suffers emotional sensitivity regarding the surgical scarring on her ankle. All of Young’s physicians recommended that she limit strenuous activities, such as running, jogging, soccer, and skiing, for the remainder of her life. Young alleged that prior to the accident, she was both a long distance runner and a soccer player for her university’s teams. However, she claimed that the accident ended a potential career in running and soccer. Young’s treating physician opined that Young will need an ankle brace for the rest of her life, which will cause a decrease in the ankle’s range of motion. The doctor also claimed that Young will need ankle replacement surgery by the age of 50, which must be redone every 15 to 20 years and must be followed up with physical therapy. In addition, the claimant’s plastic surgery expert opined that Young will have to live with the physical scars from the accident for the rest of her life, as scar revision was not recommended due to the current nerve symptomatology and unlikely elimination of the scars. Young claimed that she had in excess of $175,000 in medical expenses, but, per Howell, the amount of her total medical bills was reduced to under $50,000. The claimant’s rehabilitation expert estimated the midpoint cost of Young’s future medical care to be $405,203.52. Thus, the claimant’s counsel valued Young’s case at $2 million. The respondent’s counsel disputed Young’s claims of future medical expenses. Counsel contended that if Young required further treatment, Young’s future medical expenses would be no more than $200,000.
COURT
Matter not filed, CA
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