Case details
Plaintiffs claimed driver’s inattention caused crash
SUMMARY
$75016.82
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, brain, bulging disc, cervical, closed head injury, concussion, degenerative disc condition, exacerbation of, head, headaches, herniated disc, lumbar, neck, scoliosis, sensory, speech, thoracic, vertigo
FACTS
On June 4, 2011, plaintiff Pamela Godwin, 53, a sales clerk, was driving west on Mission Gorge Road in Santee, accompanied by her son, plaintiff David Godwin, 21, a sales clerk, in the front passenger seat. At approximately 9:47 a.m., while stopped at the intersection with Edgemoor Drive, the Godwin vehicle was rear-ended by a vehicle operated by Stephanie Southcott. Mrs. Godwin and her son both claimed head, neck and back from the accident. Mrs. Godwin and Mr. Godwin sued Stephanie Southcott and her husband, Edward Southcott, the owner of the vehicle. The Godwins alleged that Mrs. Southcott was negligent in the operation of her vehicle and that Mr. Southcott was vicariously liable for Mrs. Southcott’s actions. Mr. Southcott was ultimately dismissed from the case on the first day of trial. Plaintiffs’ counsel contended that Mrs. Southcott was driving inattentively — diverting her attention to stores along Mission Gorge Road — and driving at an excessive speed. Counsel contended that as a result of Mrs. Southcott’s actions, she rear-ended the Godwin vehicle, which was stopped for a red light, and pushed it across the intersection to the opposite side. Plaintiffs’ counsel noted that the police report for the accident cited Mrs. Southcott for inattentiveness and traveling at an unsafe speed. Mrs. Southcott disputed liability, claiming that the light at the subject intersection had turned green, which prompted her to accelerate forward since she assumed Ms. Godwin had already started through the intersection., Mr. Godwin was taken by ambulance to an emergency room. He was diagnosed with a closed head injury and concussion. There were initial concerns that the accident exacerbated his underlying heart condition, but test results ultimately came back negative. Mr. Godwin claimed the accident exacerbated his pre-existing scoliosis condition, increasing the curvature in his spine by three degrees. He also claimed an exacerbation of three disc bulges of his cervical and lumbar spine. However, due to the nature of his pre-existing condition, Mr. Godwin was only able to treat with chiropractic care and massage therapy. Mr. Godwin claimed he still has ongoing symptoms of severe back pain and headaches, affecting his ability to sit and stand for long periods of time. He also claimed his post-accident condition affected his work schedule, as he is now limited to three hours a day and can never return to a full-time schedule. In addition, Mr. Godwin claimed he can no longer engage in hobbies like sparring with broadswords. Thus, Mr. Godwin sought recovery of roughly $18,000 in past medical costs, $1,664 in past lost earnings. He also sought in excess of $200,000 in future lost earnings and recovery of $250,000 in damages for his pain and suffering. Mrs. Godwin’s husband took his wife from the scene of the accident to an emergency room, where she was also diagnosed with a closed head injury and concussion. Mrs. Godwin claimed she also sustained a herniated cervical disc at the C5-6 level and four bulging discs throughout her spine. She subsequently underwent MRIs and received consultations with numerous physicians. She also underwent five weeks of physical therapy and two years of ongoing chiropractic care. Mrs. Godwin claimed she still deals with back and neck pain, as well as headaches, dizziness and other symptoms related to vertigo. She claimed that her condition has restricted her abilities at work, as she can no longer lift heavy items, and that she is limited in general housework and gardening. She further claimed that her physicians recommended that she undergo steroid injections for her neck, followed by subsequent surgery at C5-6 within the next 10 years. Thus, Mrs. Godwin sought recovery of roughly $19,000 in past medical costs, $100,000 in future medical costs and $152.82 in past lost earnings (for a few missed days of work). She also sought recovery of $250,000 in damages for her pain and suffering. Defense counsel disputed the nature and extent of the plaintiffs’ alleged and damages. Counsel argued that Mr. Godwin’s complaints were all related to his pre-existing scoliosis, which had always caused him great pain and discomfort. Defense counsel also argued that Mrs. Godwin’s complaints were unrelated to the subject accident and were all due to pre-existing, degenerative conditions caused by age.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- scapula
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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