Case details
Plaintiff: Meniscal tear caused by crash with drunken driver
SUMMARY
$137500
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
knee, medial meniscus, tear
FACTS
On Jan. 11, 2010, at approximately 5:54 p.m., plaintiff Tracey Mathershed, an unemployed 43 year old, was stopped in traffic on westbound Clinton Avenue when her vehicle was rear-ended by a vehicle operated by Misty Frias-Douglas. Mathershed claimed knee and spinal from the crash. Mathershed sued Frias-Douglas and the vehicle’s owner, Gary Douglas. She alleged that Frias-Douglas was negligent in the operation of her vehicle and that Douglas was vicariously liable for her actions. Plaintiff’s counsel contended that Frias-Douglas was highly intoxicated and was on the roadway after having a late afternoon of drinks prior to the subject rear-ender. Counsel asserted that prior to the subject accident, Frias-Douglas approached the stopped vehicles on Clinton Avenue, crashed her vehicle into a vehicle that was trying to turn out of the lane, and then continued driving straight in a quick, violent and intoxicated manner until she plowed into the back of Mathershed’s vehicle, nearly tearing off the entire back bumper. The defendants did not contest liability., Mathershed was taken from the scene by ambulance and brought to a hospital. She claimed severe to her neck, back and both knees. After undergoing an MRI, it was discovered that Mathershed had incurred a medial meniscus tear of the left knee. She also claimed an exacerbation of a prior back injury and pain in both knees, in addition to the meniscal tear. Roughly one year after the accident, after trying physical therapy and other less invasive medical treatment, Mathershed was instructed to undergo a meniscectomy to help repair her knee. Mathershed related medical expenses came to roughly $70,000. She also sought recovery of damages for her pain and suffering. Defense counsel contended that it would be improbable to incur a knee injury of the type, nature and extent of Mathershed’s in a rear-end accident. Instead, counsel attributed Mathershed’s to her pre-existing degenerative changes. Defense counsel also contended that Mathershed’s knee surgery was unwarranted and not casually related to this accident, and that, assuming that it was related, the bills were excessive.
COURT
Superior Court of Fresno County, Fresno, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury