Case details

Plaintiff claimed reversing vehicle fractured elbow





Result type

Not present

cervical, elbow, fracture, neck, strain
On Sept. 22, 2008, at approximately 7 p.m., plaintiff Andrea Ramos, 48, a housekeeper, was leaving work at the home of Patti Koenig on a cul-de-sac in La Canada, when she was allegedly struck by Koenig’s vehicle as it was pulling out of the driveway. Ramos claimed to her left elbow, head and neck. Ramos sued Koenig, alleging that the defendant was negligent in the operation of her vehicle. Ramos claimed that after leaving the house, she stood in the middle of the cul-de-sac to wait for her son to pick her up, when Koenig reversed out of the driveway and struck her, knocking her to the ground. She alleged that Koenig was inattentive while pulling out of the driveway. In addition, her son claimed that he heard Koenig say she struck his mother. Defense counsel contended that Mrs. Ramos’ account of the accident was inaccurate, as the two women were speaking to each other as Koenig entered her vehicle, while Mrs. Ramos stood by a mailbox at the end of the cul-de-sac. Koenig claimed that she buckled her children in the backseat, looked both ways for oncoming traffic and then proceeded to pull out of the driveway. She alleged that she did not recall what the plaintiff was doing near the mailbox when she began to pull out of the driveway, but that as she entered the street she heard a bump and stopped. Koenig claimed she then saw Ramos on the driver side of her vehicle, holding her arm. She claimed Ramos could not explain what happened at the time or if she had hit her, and proceeded to call 911. Defense counsel noted that there were no witnesses to the accident, and contended that Ramos’ son could not attest to what happened., Ramos was taken from the scene of the accident by ambulance and brought to an emergency room. She was diagnosed with upper, left extremity pain, a cervical strain, and a head contusion. She was subsequently told to follow up at the county hospital. Ramos then went to the county hospital two days later and underwent an MRI of her left, non-dominant arm, which revealed a radial head fracture and a comminuted olecranon fracture. On Sept. 28, 2008, she underwent open reduction and internal fixation surgery on her elbow, and followed up with roughly a year of physical therapy. Ramos claimed that while her head and neck resolved, she still has limitations in her left arm and elbow, affecting her ability to clean (i.e. wash windows) since she cannot lift her left arm above her head. She also claimed she couldn’t return to work until December 2010 and was limited in her duties once she did return. Thus, Ramos sought recovery of roughly $40,000 in damages for past medical costs, $48,000 in damages for past lost earnings, and an unspecified amount of damages for her past and future pain and suffering. Her husband, Jose, presented a derivative claim for loss of consortium. Defense counsel disputed the causation of damages, arguing that Mrs. Ramos could not prove she was hit by Koenig’s car or how she injured her elbow. Counsel also presented sub-rosa video footage of the plaintiff working without limitations after the subject accident and surgery. Defense counsel further argued that Mrs. Ramos could have, and may have, gone back to work earlier than she claimed she did.
Superior Court of Los Angeles County, Glendale, CA

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