Case details

Plaintiff claimed reversing car struck her, fracturing her elbow





Result type

Not present

elbow, fracture
On June 25, 2010, plaintiff Barbara Wilson, 54, a hairstylist, was walking in a parking lot in Pinole when she was struck by a vehicle backing out of a parking space. Wilson was knocked to the ground and she injured her left elbow. Wilson sued the operator of the vehicle, Joyce Peterson, and the Peterson Family Trust. Wilson alleged that Peterson was negligent in the operation of the vehicle and that the trust was vicariously liable for Peterson’s actions. At the beginning of trial, the family trust was dismissed from the case for a waiver of costs. Wilson claimed Peterson failed to keep a prior lookout as she was backing out of the space and failed to stop in time to avoid the accident. Defense counsel argued that Wilson was at least partially negligent because she should have seen Peterson’s vehicle approaching., Wilson was taken by ambulance to a hospital. She sustained a fracture of her left, dominant elbow and subsequently underwent physical therapy to treat her injury. Wilson claimed that she is left with residual limitations of motion in her elbow. She claimed that as a result, she missed about 3 months of work after the accident and has been limited in her work since then. The plaintiff’s expert orthopedic surgeon testified that Wilson suffered a fracture of the radial head of her left arm and an impingement of the ulnar nerve, which could be relieved through the performance of a translocation of the ulnar nerve. However, the expert opined that the pain and limitation of motion caused by the fracture would not be alleviated by surgery and would likely continue to interfere with Wilson’s work. Thus, Wilson sought recovery of damages for her past and future medical costs, past and future loss of earnings, and past and future pain and suffering. The defense’s expert orthopedic surgeon testified that any ulnar nerve impingement suffered by Wilson was likely not due to the accident. The expert also opined that Wilson should be able to perform her work as a hairdresser.
Superior Court of Contra Costa County, Contra Costa, CA

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