Case details

Plaintiff: Ranch had to be sold due to injuries from crash





Result type

Not present

cervical disc bulge, headaches, left leg, neck. pain, posterior
At around 1:25 p.m. on Aug. 13, 2014, plaintiff Joshua Deaver, 41, a poultry ranch manager, was driving in Carruthers with his daughter, plaintiff Rachel Deaver, 18, seated in the right, front, passenger seat. As they entered the intersection of West Kamm and South West Avenues, their vehicle was broadsided by a vehicle operated by Daniel Cisneros. The collision caused major damage to both vehicles. The Deavers were wearing their seat belt shoulder harnesses at the time of impact. However, Deaver sustained to his body and Rachel sustained to her left leg. Deaver and his daughter, Rachel, sued Cisneros and Cisneros’ employer, A&D Bros Silage Covering. Deaver and Rachel alleged that Cisneros was negligent in the operation of his vehicle and for running the stop sign at the intersection. They alleged that A&D Bros was liable for Cisneros’ actions while acting in the course and scope of his employment. After the crash, Cisneros, took a video of Deaver in his allegedly injured condition. Cisneros said the video was for his “insurance company.” The defendants did not formally concede liability., The Deavers were transported by ambulance to Community Regional Medical Center, in Fresno. Deaver had bruises, which occurs readily due to his idiopathic thrombocytopenic purpura (ITP), a disorder that can lead to easy or excessive bruising and bleeding. He also sustained a posterior, cervical disc bulge at the C5-6 level with compression upon the thecal sack and cord compression, an asymmetric posterolateral component with asymmetric marked narrowing of the right neural foramen, and mild narrowing of the left, C3-4 neural foramen. As bleeding from his hand could not be stopped, Deaver was kept at the hospital and received a transfusion. He was eventually released and followed up with his family doctor. Deaver also underwent physical therapy and was referred to a pain specialist, but anesthetic intervention was declined due to his ITP. Deaver claimed that his chief complaints were neck pain and headaches. He alleged that non-steroidal, anti-inflammatory drugs are contraindicated in ITP patients and that his physicians could not find any medical treatment that would provide him any help, but that Butrans, a narcotic, has been suggested. Thus, Deaver claimed that any future treatment that he receives will have to be medical due to his ITP. Before the crash, Deaver worked for many years on his family’s free-range poultry farm. However, he claimed that due to his , he was unable to continue running the poultry ranch, so it had to be sold by his mother and father. He alleged that as a result, he is now unemployed and not likely competitive in the open job market. An economic report was prepared for Deaver. The report stated that the present value of Deaver’s alleged loss of salary and benefits, plus the replacement value of housing, equaled $1,157,557. Rachel was seen in the Community Regional Medical Center’s emergency room only. She sustained a soft tissue contusion of the left, distal, medial tibia, which required no treatment. Rachel claimed that she has no current physical limitations. Thus, the Deavers claimed that their past, paid medical costs at one health care company totaled $5,987; their past, paid medical costs at another health care company totaled $43,618.99; and Rachel’s past, paid medical costs at another health care company totaled $191.47. Deaver also sought recovery for his past and future loss of earnings. The Deavers further sought recovery for their respective pain and suffering. In addition, plaintiff Tiffany Deaver, Mr. Deaver’s wife and Rachel’s mother, sought recovery of damages for her loss of consortium. According to plaintiffs’ counsel, experts had not been disclosed, but it was presumed that the defense would question Mr. Deaver’s economic losses through their own experts.
Superior Court of Fresno County, Fresno, CA

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