Case details
Plaintiff struck in crosswalk claimed multiple injuries
SUMMARY
$500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
chest, face, head, leg, lumbar vertebrae, neck, pelvis, right frontal hematoma, scalp, strains cervical, thoracic
FACTS
At around 8 p.m. on Dec. 26, 2014, plaintiff Carmen Medina, 56, a self-employed child care worker, was walking west along West Simpson Street, in Ventura, when she attempted to cross North Ventura Avenue within a marked crosswalk. When she was about three-quarters of the way across the intersection, she was struck by a vehicle operated by James Sullivan. Medina was subsequently thrown 10 feet into the air and rolled another 5 feet before landing with her face down. She sustained to her chest, pelvis, head, face and leg. Medina sued Sullivan and the owner of the vehicle that Sullivan was driving, Sullivan Oilfield Inc. Medina contended that Sullivan was negligent in the operation of the vehicle and that Sullivan Oilfield was vicariously liable for Sullivan’s actions. Plaintiff’s counsel noted that the vehicle immediately behind Sullivan was operated by a Ventura County police officer and that there was another eyewitness at the scene, as well. Sullivan ultimately conceded liability., Medina sustained fractures of ribs two through six, and of her pelvis. She also sustained contusions to her face, scalp and neck; abrasions on her right elbow, shin and thigh; strains of her cervical, thoracic and lumbar vertebrae; and a right frontal hematoma with a small subarachnoid hemorrhage. Medina subsequently lost consciousness at the scene, but later regained it. She was transported by ambulance to Ventura County Medical Center, in Ventura, where she was hospitalized for five days. Medina then underwent follow-up care with an orthopedic surgeon and a neurologist. She also underwent some chiropractic and acupuncture treatments. Medina claimed that she had some issues with headaches post-collision, but that she did not require any surgery. Defense counsel disputed the extent of Medina’s alleged mild traumatic brain injury and contended that it was not as serious as Medina claimed, if the injury existed at all.
COURT
Superior Court of Ventura County, Ventura, CA
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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
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