Case details

Plaintiff: Multiple vehicle crash caused brain and spine injuries





Result type

Not present

back, brain, brain injury, cervical, cognition, head, headaches, impairment, lumbar, mental, neck, psychological, sprain, strain, traumatic brain injury
At around 11:00 a.m. on March 2, 2010, plaintiff Kimberly Webster, 34, was driving her sedan east on Herndon Avenue in Fresno when her vehicle was rear-ended by a sport utility vehicle near the intersection with Palm Avenue. The SUV was initially rear-ended by another sedan, which was driven by Peggy Miles. Webster claimed head and spinal from the crash. Webster sued Miles for motor vehicle negligence. The driver of the SUV that struck Webster’s vehicle was not a party in this action. Webster claimed that Miles struck the SUV, causing it to ultimately rear-ender her vehicle. Thus, she claimed that Miles failed to keep a proper lookout and failed to avoid striking the vehicle in front of her. Miles conceded liability, and the matter proceeded to trial on causation and damages., Webster was taken from the scene by ambulance. She claimed that she suffered cervical and lumbar strains, and a minor traumatic brain injury from the accident. Between April 2010 and July 2010, Webster underwent a course of physical therapy to treat her spinal condition. In April 2010, after complaining of severe headaches, she was given a Toradol injection, and prescribed Butalbital and Vicodin. Later in the same month, she received another Toradol shot for her pain. On Jan. 27, 2011, Webster underwent an MRI of her head without contrast for a history of memory changes after the accident. She then underwent physical therapy during the next two months to treat neck and shoulder pain. In September 2011, Webster underwent a neuropsychological evaluation, which, according to plaintiff’s counsel, detailed significant concentration problems. Counsel contended that the conclusion of the evaluation was that Webster suffered personality changes, trouble with her emotions, and difficulties with reasoning, problem solving, planning and organization as a result of the accident. Webster claimed that as a result of her brain injury, she has difficulty concentrating and retaining information, has speech and memory issues, and has comprehension issues. She also claimed that she now occasionally stammers, has trouble concentrating and forgets whether she cooked food or washed the dishes. The plaintiff’s physicians recommended that Webster continue to undergo cognitive training with a computer program. They also opined that Webster needs continued medicine to help with her cognitive deficit. Defense counsel argued that the accident involved a minor impact and would not have caused the alleged . Counsel noted that one of the drivers involved in the accident stated that the air bags in her vehicle did not deploy and that she continued on to her lunch date after the accident. Counsel also presented the police report, which noted that one of the participants in the accident described it as a slight “bump.” Defense counsel also noted that the plaintiff’s medical records included a positive test for nonprescription drugs, including Oxycontin and marijuana. The defense’s neurology expert testified that these substances could affect neuropsychological test results. Defense counsel further contended that Webster was going through a divorce after the accident, which could have been a factor in her emotional regulation. In addition, defense counsel contended that Webster had an extensive, prior medical history that included migraines, depression, a 1993 left knee surgery, a concussion after a 1995 fall, an appendectomy in 2001, multiple prior motor vehicle accidents, and a left shoulder surgery in 2008.
Superior Court of Fresno County, Fresno, CA

Recommended Experts


Get a FREE consultation for your case