Case details
Plaintiffs claimed forces in rear-end collision caused injuries
SUMMARY
$507748
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
knee, meniscus, neck, tear neck, whiplash
FACTS
On July 21, 2017, plaintiff Diane Bassett-Smith was driving near the intersection of Tippecanoe Avenue and Harriman Place, in San Bernardino. Plaintiff Latravis Farmer Jr. was a front-seat passenger. Their vehicle was rear-ended by a vehicle operated by Arcenia Flores. Bassett-Smith claimed to her neck and left knee, and Farmer claimed to his neck. Bassett-Smith and Farmer sued Flores, alleging that Flores was negligent in the operation of her vehicle. Flores admitted negligence., Bassett-Smith claimed she sustained a whiplash injury to her neck. She also claimed she sustained an aggravation of a pre-existing (but previously asymptomatic and undiagnosed) meniscus tear and arthritis in her left knee. Bassett-Smith presented to a chiropractor three days after the crash and underwent several weeks of treatment for her neck pain. She was eventually diagnosed with a torn meniscus after complaining of ongoing pain to her left knee. When a cortisone injection did not resolve her symptoms, she underwent arthroscopic surgery to the left knee. When the surgery also failed to resolve her pain, she received two more cortisone injections, which she claimed also failed to relieve her symptoms. By the time of trial, more than one orthopedic surgeon had recommended that Bassett-Smith undergo a knee replacement surgery. Bassett-Smith sought recovery for her past and future medical costs, and past and future pain and suffering. Farmer claimed he sustained whiplash-type to his neck as a result of the accident. He also presented to a chiropractor three days after the crash and underwent several weeks of treatment. Farmer sought recovery for his past medical costs and past pain and suffering. Plaintiffs’ counsel contended that the forces of the crash caused whiplash-type to both plaintiffs. Counsel argued that as a result of the crash, Bassett-Smith’s pre-existing, degenerative meniscus tear and arthritis became symptomatic and that despite several attempts at conservative treatment, Bassett-Smith required a knee replacement. Further, counsel argued that Bassett-Smith, who was asymptomatic and had never had any left knee treatment before the crash, would not have had any significant symptoms or treatments to her left knee during her life time, despite the degeneration in her knee, and that the crash was the cause of her symptoms and need for treatment. Defense counsel contended that the crash occurred at approximately 7.5 to 10.4 mph and that as a result, there was insufficient force to cause any forces to be exerted on Bassett-Smith’s left knee or any trauma to that knee, absent contact with the dash, which Bassett-Smith did not have. Counsel also argued that neither plaintiff was injured in the crash and that both Bassett-Smith and Farmer were faking their for money. Thus, defense counsel argued that the jury should rendered a defense verdict based on causation.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury