Case details

Plaintiff claimed sideswipe with bus caused heart attack

SUMMARY

$189445.51

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, depression, emotional distress, lower back, mental, neck, psychological, pulmonary, respiratory
FACTS
On July 29, 2015, plaintiff Tommie Collins, 66, was stopped at a red light on Alemany Boulevard at the on-ramp for U.S. Route 101, in San Francisco, with plaintiff Thorese Branner, a man in his mid-40s, as her front-seat passenger. As the light turned green, Collins proceeded forward, but a sideswipe collision occurred between Collins’ sedan and a Muni transit bus that was attempting to proceed straight to enter the on-ramp for northbound U.S. Route 101. Collins later suffered a heart attack, and Branner claimed neck and back . Collins and Branner sued owner of the Muni transit bus (and the driver’s employer), the city and county of San Francisco. They alleged that the bus’s driver was negligent in the operation of the bus and the city and county of San Francisco was liable for the driver’s actions. Branner ultimately withdrew his claim prior to trial. Collins claimed that when the light was red, she was stopped in the left lane, waiting to make a left turn to continue on Alemany Boulevard, while the bus was in the lane to her right, waiting to proceed straight and bear left to enter the on-ramp for U.S. Route 101. However, she asserted that as the light turned green, she proceeded forward to make her turn, at which time the bus veered to the left as it attempted to enter the on-ramp, causing the rear, driver’s side of the bus to enter the left lane and sideswipe the passenger’s side of her sedan. The defense’s accident reconstruction expert maintained that the bus was in the left lane with Collins behind it, but that as the bus proceeded forward in an attempt to continue straight onto the on-ramp for U.S. Route 101, Collins attempted to go around the bus on the left and, in doing so, struck the bus. The expert testified that he based his findings on the damage sustained to Collins’ sedan and an exemplar bus, since the original had been sold prior to an investigation. In response, both Collins and Branner denied that they were stopped behind the bus prior to the crash., Two days after the accident, Collins presented to her treating physician regarding a tube that had been implanted after the removal of her gallbladder, but had allegedly been dislodged during the crash. However, Collins claimed that while in the process of having the tube readjusted, she suffered a flash pulmonary edema. She was subsequently taken by ambulance to an emergency room and, at some point in between, she suffered a myocardial infarction. Upon arriving at the hospital, Collins was stabilized and intubated. She was then admitted to the Intensive Care Unit, where she remained until Aug. 4, 2015. After being discharged from the hospital, Collins consulted with her cardiologist and she underwent electrocardiograms and other tests. As a result, she remained monitored in the ensuing months, and it was determined that she required cardiac stents to be surgically implanted. On Nov. 19, 2015, Collins underwent the stent surgery. However, complications arose during the procedure, and she coded. She was resuscitated and then remained hospitalized for three weeks. Due to the complications from the stent surgery, Collins was unable to walk and required month-long inpatient care at a rehabilitation facility. Upon discharge home, Collins received home health care until she returned to her baseline condition in March 2016. The plaintiff’s interventional radiology expert opined that the impact from the accident caused Collins’ gallbladder-tube displacement. The plaintiff’s expert cardiologist opined that the accident precipitated the life-threatening pulmonary and cardiac events that Collins experienced. According to the physician, the myocardial infarction worsened Collins’ condition and made Collins’ heart more fragile, since some of the tissue in her heart had died and, as a result, weakened it. Collins testified that she is now even more fatigue and that she suffers from lack of energy due to the accident. She also testified that she now relies on using a walker full-time, whereas pre-accident, she used a walker and a cane only occasionally. Collins also claimed she sometimes uses a wheelchair. In addition, Collins talked about her near-death experience and how she temporarily suffered from depression following the stent surgery. Thus, Collins sought recovery of $39,445.51 in medical costs for her first hospitalization and approximately $200,000 in medical costs for her second hospitalization. She also sought recovery of $1 million in damages for her past and future pain and suffering. The defense’s cardiology expert noted that Collins had longstanding comorbidities that included congestive heart failure, diabetes, gallbladder issues, and high blood pressure. Thus, the expert opined that Collins’ flash pulmonary embolism was not caused by any dislodging of her gallbladder tube, but from hypertension that Collins failed to treat with her medications.
COURT
Superior Court of San Francisco County, San Francisco, CA

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