Case details
Plaintiff: Crash caused foot, neck and forehead injuries
SUMMARY
$200000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
cervical, disfigurement, face, neck, nose, scar, spasm
FACTS
On Feb. 21, 2010, plaintiff Susan Eden, 60, a school teacher, was a front seat passenger in a vehicle driven by her husband, plaintiff Alan Eden, and traveling north on Mason Avenue in Chatsworth. At approximately 12:45 p.m., their vehicle entered an intersection with San Jose Street and collided with a vehicle operated by Brenda Toth, who was attempting a left turn from southbound Mason Avenue onto eastbound San Jose Street. Mrs. Eden claimed to her forehead, neck and left foot. The Edens sued Toth. They alleged the defendant was negligent in the operation of her vehicle. Specifically, Mrs. Eden claimed that Toth was inattentive, speeding and failed to yield to oncoming traffic as she turned left at the intersection. Plaintiffs’ counsel also presented an independent eyewitness who corroborated the Edens’ account of the accident. Toth claimed that the Eden vehicle was speeding, and noted that it stated as such in the police report., Mrs. Eden was taken from the scene of the accident by ambulance and presented to an emergency room. She sustained a laceration to her upper forehead, which was sutured at the hospital. She also claimed a left foot strain/sprain and a cervical spasm/strain. She subsequently treated her with minimal physical therapy. Mrs. Eden claimed residual foot pain and discomfort, but that she did not want to miss time from work. She also claimed she was left with a residual scar on her forehead and may need to undergo scar revision surgery. Thus, Mrs. Eden claimed $14,721.63 in past medical costs and $30,000 in future medical costs, which included the possible scar revision procedure. She also sought recovery of damages in excess of $100,000 for her pain and suffering. Mr. Eden did not pursue his loss of consortium claim. Defense counsel argued that the scar revision estimation was too high, and that Mrs. Eden no longer had a scar that required medical attention.
COURT
Superior Court of Los Angeles County, Chatsworth, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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