Case details

Plaintiff claimed rear-end crash caused traumatic brain injury





Result type

Not present

brain, traumatic brain injury
On July 28, 2010, at approximately 6:30 p.m., plaintiff Cristian Silva, 23, a student, was driving south on the 405 Freeway in Los Angeles when he was rear-ended by a vehicle operated by Chris Herrington. Silva claimed the impact caused his head to strike the windshield and his face to strike the car radio. Silva sued Chris Herrington, who was doing business as Full Spectrum. He alleged Herrington was negligent in the operation of his vehicle, causing the accident and his personal . Silva claimed Herrington breached his duty when he failed to observe the basic speed law and failed to maintain a proper distance as a following vehicle. Defense counsel did not dispute the question of liability., Silva treated at a Kaiser Permanente facility on the night of the accident. He was later diagnosed with a traumatic brain injury as a result of sustaining head trauma. He treated with a chiropractor for soft-tissue strains and sprains of his neck and back through March 2011. As a result of his brain injury, Silva claimed he suffers from organic agitation and chronic post-traumatic pain disorder. The plaintiff’s expert neurologist opined that Silva is significantly disabled psychologically, musculoskeletally and neuropsychologically. Silva also claimed his caused a decline in his capacity to function in many realms of human interaction. He further claimed he is limited in personal care and hygiene activities, as well as limited to minimal strenuous activities. His expert neurologist further opined that Silva will eventually require in-house assisted living. Thus, Silva claimed $8,000 in damages for his past medical costs. He also sought $300,000 in damages for his future medical costs, $1 million in damages for his future loss of earning capacity, $20,000 in damages for his academic decline, and $300,000 in damages for his emotional distress. Defense counsel contended that Silva did not suffer any injury other than a possible contusion to his face and a soft-tissue back strain.
Superior Court of Los Angeles County, Santa Monica, CA

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