Case details

Plaintiff claimed wrist and spine injuries from broadside crash

SUMMARY

$31285

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
torn, triangular fibrocartilage complex, wrist
FACTS
At approximately 8:55 a.m. on April 22, 2009, plaintiff Toni Kraft, a personal assistant in her 50s, was driving on westbound State Route 134 when she was broadsided by a vehicle operated by Valerie Ayala, which had spun out of control on the freeway. Kraft claimed to her neck, back and both wrists from the impact. Kraft sued Ayala and the owner of the vehicle, her husband, Louis Ayala. Kraft alleged that Mrs. Ayala was negligent in the operation of her vehicle and that her husband was vicariously liable for her actions. Mr. Ayala was ultimately dismissed from the case since his wife was also listed as an insured under the vehicle’s policy. Kraft contended that Mrs. Ayala was negligent for losing control of her vehicle and failing to regain control prior to the collision. Mrs. Ayala admitted liability, and the matter proceeded to a trial on causation and damages., Kraft went to a chiropractor on the date of the accident with complaints of soft-tissue strains and sprains to her neck and back. She also claimed she sustained tears to the triangular fibrocartilage of both wrists. Kraft treated her with six months of chiropractic care. Kraft claimed that she still experiences ongoing problems with her wrists, affecting their use, specifically with heavy lifting. She alleged that as a result, she will require bilateral wrist surgery. Kraft also claimed she missed roughly one week of work following the accident (amounting to approximately 40 hours), resulting in $2,000 in past lost earnings. She also claimed that her past medical costs amounted to $19,018 and that her future medical costs will amount to between $60,000 and $90,000. Thus, Kraft sought recovery of roughly $180,000 in total damages, including an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that Kraft’s wrist pre-existed the accident, as she received treatment for her wrists the day before the date of loss. Counsel further argued that Kraft should have only required less than one month of treatment for her neck and back , and that the plaintiff shouldn’t have missed any work. In addition, defense counsel contended that Kraft’s total damages were only worth $5,000.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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