Case details

Plaintiff: Multiple vehicle crash caused knee and leg fractures

SUMMARY

$2425000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
knees, neck, right leg
FACTS
On June 19, 2012, at approximately noon, plaintiff Peggie Boss, 71, a retiree, was driving south on State Route 57 in Fullerton when she was involved in a three-vehicle collision near the Nutwood Avenue off-ramp. Boss’ vehicle was struck by two vehicles and pushed off-road, ultimately crashing into a tree. Boss claimed to her knees, right leg, and neck. Boss sued the drivers of the two vehicles that struck her, Monica Khalil and Du Tho Nguyen Do. Boss alleged the drivers were negligent in the operation of their respective vehicles. Specifically, Boss claimed Khalil caused the accident by making an unsafe lane change from the far right lane of southbound SR-57. She claimed Khalil initially struck Do’s vehicle, causing both vehicles to push her vehicle off the road. Do initially denied liability, but agreed to a good faith settlement of $15,000 early in the proceedings due to economic reasons. Khalil admitted liability for the accident, and the matter proceeded to a trial on damages., Boss sustained fractures of both knees and a right femur. She also suffered a vertebral artery dissection. Boss was subsequently taken by ambulance to an emergency room, where she underwent open reduction and internal fixation surgery on both knees within days of the accident. The procedure included the insertion of wire in her left knee and the insertion of a plate and screws in her right knee. Upon her discharge from the hospital, Boss received three weeks of physical therapy. She later underwent hardware removal surgery on her right knee in July 2013. Boss claimed she suffered post-traumatic stress disorder as a result of the accident, but that she made a good recovery and has returned to normal, pre-accident functioning. However, she claimed she will eventually need additional knee surgeries. Thus, Boss sought recovery of $225,000 in past medical costs and $500,000 in future medical costs (based on her life care plan). She also sought recovery of damages for her past and future pain and suffering. The defense’s medical experts opined that Boss made a remarkable recovery, in that Boss is able to walk, ride her bike and drive without any issue. The experts also opined that Boss did not suffer any PTSD from the accident. Thus, Khalil’s counsel asked the jury to award Boss only $875,000 in total damages.
COURT
Superior Court of Orange County, Santa Ana, CA

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