Case details
Plaintiff claimed rear-end crash caused spinal and calf injuries
SUMMARY
$140000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, chest, fracture, neck, sternum, whiplash
FACTS
On May 4, 2018, plaintiff Sally Baumgartner, 84, was driving on West Carmel Valley Road, in Carmel Valley. She came to a near complete stop and her vehicle was rear-ended by a vehicle operated by Kristy Mason. Baumgartner’s vehicle was forced out of the lane, across the shoulder and up a slope along the vineyards completely off the roadway. Baumgartner claimed to her neck, shoulder, back and right leg. Baumgartner sued Mason, alleging that Mason was negligent in the operation of her vehicle. Mason’s insurer tendered its policy. Baumgartner sought further recovery via the supplementary-underinsured-motorist provision of her own insurance policy, which was administered by USAA., Baumgartner claimed that she suffered a whiplash injury, a fractured sternum, a fracture of the L1 vertebra, and an open wound to the right calf. She did not present directly to a hospital, but spoke with her primary care physician, a local spinal specialist/orthopedic surgeon, who referred Baumgartner to a local hospital so that she could undergo X-rays, which were performed three days after the accident. Baumgartner also treated with a pain medicine and anesthesia specialist, who was at the same medical group as her primary care physician. Baumgartner underwent physical therapy, a kyphoplasty surgical procedure with an overnight stay in a hospital, an epidural injection and pain management treatment. She also treated her leg injury at the wound care center of a local hospital. Baumgartner claimed that she is no longer able to walk the beach with her Labrador and that she can only take short walks with her dog. She also claimed that she does most things, like household chores, slower or less often because of her continued back pain. She further claimed that she might require further medical care, including physical therapy and epidural injections, to manage her pain. Baumgartner claimed that, in the worst case scenario, her future care would cost approximately $26,000. Baumgartner sought recover of approximately $20,000 in past medical costs, based on her adjusted medical bills. She also sought recovery of future medical costs, and damages for her past and future pain and suffering.
COURT
Superior Court of Monterey County, Monterey, 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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