Case details

Plaintiff claimed rear-end crash caused foot fracture





Result type

Not present

neck. pain, right foot
On July 25, 2012, at approximately 2:26 p.m., plaintiff Donna Weise, 76, a realtor, was stopped for a stop sign on San Antonio Avenue, at the intersection with 14th Street in Upland, when she was rear-ended by a vehicle operated by Danielle Dufrense-Arnold. Weise claimed an injury to her right foot, as well as neck pain. Weise sued Dufrense-Arnold and her husband, Christopher Arnold, the registered owner of the vehicle. Weise alleged that Dufrense-Arnold was negligent in the operation of her vehicle by failing to stop at the subject intersection. She also alleged that Arnold was vicariously liable for his wife’s actions. Dufrense-Arnold admitted liability for the accident. However, Dufrense-Arnold claimed that Weise made a sudden stop at the intersection, causing her to apply her brakes and swerve in an attempt to avoid hitting Weise’s stopped vehicle, but was unable to do so., Weise claimed she suffered an injury to her right foot and neck pain. She was subsequently met at the scene by a friend and her husband, as she was unable to drive. The next day, Weise sought treatment from her primary care physician and then followed up with a specialist who had treated her previously for to her right foot. The foot specialist subsequently placed her in an Unna boot from July 26, 2012, through Jan. 4, 2013, in the hope that the existing hardware from prior surgeries would stabilize. However, it was determined that Weise’s foot was still swollen and that the existing hardware continued to move and would not stabilize. As a result, she underwent open surgery on a fifth metatarsal fracture on Jan. 4, 2013. Weise claimed she still suffers from pain and an uneven gait, causing her to need assistance in walking. Thus, she sought recovery of $6,076.67 in past medical expenses. She also sought recovery for caregiver services during her life expectancy and for her loss of earning capacity (realtor commission). Her husband, Chuck Weise, sought recovery of $45,000 for his loss of consortium claim. Defense counsel contended that after exploring Mrs. Weise’s medical records, he conceded that Mrs. Weise suffered a foot fracture in the accident, but asserted that her medical bills were paid by Medi-Cal with zero out-of-pocket expenses. Counsel also disputed Mrs. Weise’s lost-earnings claim due to Ms. Weise’s inability to calculate the losses of commission.
Superior Court of San Bernardino County, San Bernardino, CA

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