Case details
Plaintiff claimed neurological deficits from head-on crash
SUMMARY
$925000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
cervical, depression, disfigurement, emotional distress, face, face foot, facial laceration, fracture, head, mental, neck, nose, psychological, right foot, scar
FACTS
On the morning of Aug. 20, 2013, plaintiff Wendy Ng, 25, was driving to her second day of training for a prospective accountant position when she was struck by a dump truck that had crossed the center line in Fremont. The truck then landed on top of her vehicle, nearly crushing her. Ng survived, but claimed she suffered to her head, face, neck and right foot. Ng sued the truck driver, Sukhdip Singh, and the owner of the dump truck, Guru Trans Inc. Ng alleged that Singh was negligent in the operation of the dump truck and that Guru Trans Inc. was vicariously liable for Singh’s actions. Ng claimed Singh lost control of the dump truck, veered onto the sidewalk to his right, and then over-corrected by veering sharply to his left, across the median and into oncoming traffic, where Singh struck her vehicle head-on. Plaintiff’s counsel contended that Singh had been driving all night and was less than 15 minutes away from exceeding the 10-hour commercial vehicle driving limitation when the accident occurred. Thus, counsel contended that Singh fell asleep at the wheel. Singh denied falling asleep, while conceding there was no medical or mechanical condition that could have contributed to the collision. Thus, the defendants admitted liability for the collision., Ng suffered a cervical fracture at the C2 level, a closed head injury, a fracture of the big toe on her right foot, and multiple facial , including a bilateral nasal fracture and complex facial lacerations. She also complained of pain in her tailbone and claimed she suffered lacerations throughout her body. Ng was given a halo brace due to her neck injury, followed by an aspen collar and then a soft collar. She also required sutures due to the extent of the facial lacerations and her right foot was placed in a walking boot. Ng claimed she suffers permanent scarring to her face and that she is left facing a lifetime of pain. Plaintiff’s counsel contended that, based on reports from the plaintiff’s medical experts, Ng has scarring and permanent neurological deficits from the accident. Plaintiff’s counsel also contended that Ng is not the same person she once was, as Ng gets emotional, sad and depressed. Counsel further contended that Ng is no longer excited about the future the way she once was because Ng is uncertain about the effect her will have on her body as she ages. Defense counsel contested the extent of Ng’s alleged .
COURT
Superior Court of Alameda County, Oakland, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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