Case details
Plaintiffs claimed injuries from rollover accident
SUMMARY
$214000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
ears, hands, head, knees, knuckles, lower back, neck, pain, post-traumatic cataracts, right shoulder, swelling
FACTS
At around 5:50 p.m. on Christmas Eve, Dec. 24, 2011, plaintiff James Rippin, 56, and his wife, plaintiff Kelly Rippin, 46, were traveling on southbound Interstate 5, in San Juan Capistrano, when their vehicle was struck on the right side by a pickup truck operated by Cory Earnest. The severe impact caused the Rippins’ vehicle to roll over several times before coming to a stop on its wheels. Mr. Rippin sustained to his neck, back and ears, while Ms. Rippin sustained to her head, neck, back, and right shoulder. Another passenger in the Rippin vehicle, Phung Nguyen, also claimed an injury to his lower back. Mr. Rippin, Ms. Rippin, and Nguyen sued Ernest and the believed owner of the pickup truck, Shahab Rahimi. It was ultimately determined that both Ernest and Rahimi were uninsured, so the matter was dismissed against them. The Rippins and Nguyen then sought recovery via the supplementary-uninsured-motorist provision of Mr. Rippin’s own insurance policy, which was administered by the Automobile Club of Southern California. The matter proceeded to arbitration., The parties in the Rippin vehicle were taken to Mission Hospital, inMission Viejo, where they were examined and released later that evening. Mr. Rippin suffered strains and sprains of his cervical and lumbar spine. He also allegedly suffered tinnitus, or ringing in his ears. Mr. Rippin claimed that as a result, he now requires the use of hearing aids. Ms. Rippin suffered a concussion, sprains and strains of her neck and back, and a right shoulder sprain. She claimed that she was left with residual headaches and bilateral post-traumatic cataracts, for which she underwent surgery. Nguyen claimed that he suffered pain to his lower back, as well as swelling in his knuckles, hands and knees. Shortly after being examined at the hospital following the collision, he returned to his home in Germany. He then underwent a few months of physical therapy and acupuncture in Germany. Thus, Mr. Rippin sought recovery of $12,000 in past medical bills and $39,000 in future medical bills for his hearing aids and batteries. Ms. Rippin sought recovery of $50,000 in past medical costs and nothing for future medical costs. Nguyen sought recovery of $900 in past medical costs for his initial emergency room treatment on the night of the crash. The plaintiffs also each sought recovery of damages for their respective pain and suffering. The Auto Club initially disputed the extent of the plaintiffs’ and damages.
COURT
Superior Court of Orange County, Orange, 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
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- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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