Case details

Plaintiff hit by SUV claimed head and psychological injuries

SUMMARY

$690000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
anxiety, brain, concussion, depression, disfigurement, face, facial laceration, head, insomnia, mental, nose, psychological, scar
FACTS
On May 24, 2011, at approximately 12:15 p.m., plaintiff Marta Fodor, 85, a retiree, was walking to her car in the parking lot of a farmers market on 3rd Street and Fairfax Avenue in Los Angeles. While doing so, Fodor was struck by a reversing sport utility vehicle operated by Cara Sigmund, who was backing out of a parking spot. Fodor fell forward and struck her face on the ground. Fodor sued Cara Sigmund and her father, Richard Sigmund, who was the owner of the SUV. Fodor alleged that Ms. Sigmund was negligent in the operation of her vehicle and that Mr. Sigmund was vicariously liable for his daughter’s actions. Specifically, Fodor claimed that Ms. Sigmund was recklessly attempting to back her SUV out of the parking space by rapidly accelerating her vehicle and that she may have also been talking on her cell phone at the same time. Ms. Sigmund claimed that she backed out of the parking space in a careful manner while looking behind her when her vehicle bumped Fodor, causing Fodor to lose her balance and fall to the ground. Thus, the Sigmunds ultimately admitted liability for the accident., Fodor sustained a concussion and a laceration to her face. She was subsequently taken by ambulance from the scene of the accident and brought to an emergency room, where she was treated and released. Fodor was left with a residual scar on her face as a result of the laceration. She also claimed she had a subsequent onset of depression, anxiety and insomnia following the accident, which led to a psychological breakdown that included psychotic episodes. Fodor’s past billed medical costs were $133,059.39, with a paid amount of just under $40,000 after accounting for Medicare. Thus, she sought recovery of damages for her unpaid past medical costs, future medical costs, and past and future pain and suffering. Defense counsel did not dispute Fodor’s facial or concussion. However, counsel contended that Fodor’s medical records confirmed that she had suffered similar psychotic symptoms in the 1990s when her close friend had passed away. Thus, defense counsel asserted that Fodor’s current symptoms were from a pre-existing condition, rather than the subject accident.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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