Case details

Plaintiff claimed unsafe turn caused multiple fractures





Result type

Not present

back, chest, fracture, neck, rib
At 10:40 a.m. on Oct. 28, 2011, the plaintiff, a 63-year-old hotel front desk manager, was driving her 2002 Ford Focus east on Ramon Road in Palm Springs. As she entered the intersection with Paseo Dorotea, a 2005 Subaru traveling in the opposite direction attempted to make left-hand turn and struck her in the left, driver’s side door. The plaintiff was rendered unconscious and sustained fractures to her spine, rib and pelvis. The plaintiff sued the driver of the Subaru, who also happened to own the vehicle. She alleged the driver was negligent in the operation of her vehicle. Specifically, the plaintiff claimed that the driver of the Sabaru violated the California Vehicle Code by failing to yield the right of way and making an illegal left turn. Defense counsel contended that the plaintiff was at least partially responsible for her by not wearing a seatbelt., The plaintiff lost consciousness at the scene and had to be taken by ambulance to Desert Regional Medical Center in Palm Springs, where she regained consciousness. She sustained an odontoid fracture of the cervical spine, cervical fractures at C4 and C7, and a thoracic fracture at T1. The plaintiff also sustained a rib fracture and pelvic fractures. She subsequently underwent an open reduction and internal fixation of the odontoid fracture within two days of the accident. She also commenced a course of physical therapy, which she continues to date. The plaintiff claimed that she is making a good recovery and attempted to downplay her problems. However, she has not been able to return to work. Defense counsel disputed the nature and extent of the plaintiff’s .
Superior Court of Riverside County, Riverside, CA

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