Case details
Plaintiffs claimed multiple injuries after truck ran red light
SUMMARY
$1250000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
chest, fracture, head, knee, knee contusion, nerve, neurological, rib, temporomandibular, TMJ
FACTS
On Nov. 30, 2011, one of the plaintiffs, a 23-year-old student, was driving on westbound Pleasant Valley Road in Camarillo, accompanied by the other plaintiff, also a 23-year-old student, as a passenger on their way home. At approximately 10 p.m., while crossing the intersection with Las Posas Road, the plaintiffs’ vehicle was broadsided by a Sterling truck that was traveling on northbound Las Posas Road. The plaintiff passenger sustained to her teeth, ribs, pelvis, left knee, left hip, and forehead. The plaintiff driver claimed to her left leg, pelvis, right knee, jaw, and neck. The plaintiffs sued the truck driver and his employer/owner of the truck. The plaintiffs alleged the driver was negligent in the operation of his vehicle and that his employer was vicariously liable for the driver’s actions, since the driver was in the course and scope of his employment at the time of the accident. The plaintiffs claimed they stopped at the subject intersection for a red light and then proceeded into the intersection when the light turned green. They also claimed that the defendant driver ran a red light at the subject intersection, causing the accident and their personal . Plaintiffs’ counsel presented three eyewitnesses who corroborated the plaintiffs’ account of the accident, and who claimed the defendant driver had time to stop before running the red light and causing the crash. The defendant driver disputed liability, claiming that he had a yellow light when he entered the intersection., The plaintiffs were both taken from the scene of the accident by ambulance and brought to an emergency room. The plaintiff driver suffered including, but not limited to, fractures of the right superior and inferior pubic rami with mild displacement, a fracture of the left pubic bone with mild displacement and deformity of the symphysis pubis, small hematomas along the pelvic sidewalls, and extensive soft-tissue to the right knee. On March 9, 2012, the plaintiff driver underwent reconstructive surgery, consisting of a tibial and peroneal nerve graft and bicep tendon tenolysis. She claimed she may require future reconstructive surgery. The plaintiff passenger sustained fractures to her ribs and pelvis, a left knee contusion, and a wound to her forehead. She claimed ongoing pain in her left hip, which she will require a left sacroiliac joint fusion, as well as future medication and therapy related to the fusion. She was also diagnosed with Class II mobility on teeth numbers 24 and 25, a traumatic injury to her left mandible, an aggravation of bilateral Class I malocclusion, crepitus and capsulitis of the left temporomandibular joint with pain to the left jaw, and bilateral TMJ stiffness with bilateral bruxism, or excessive grinding of the teeth and/or excessive clenching of the jaw. She claimed she still requires future orthodontic treatment. Thus, the plaintiff driver sought recovery of $504,658.18 in past medical costs, and an unspecified amount of damages for her future medical costs and past and future pain and suffering. The plaintiff passenger sought recovery of $143,413.89 in past medical costs, and an unspecified amount of damages for her future medical costs and past and future pain and suffering.
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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