Case details

Plaintiffs claimed rollover resulted in injuries and death

SUMMARY

$300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, chest, fracture, neck, rib elbow, sprain, strain, transverse process, vertebra
FACTS
On Sept. 11, 2012, plaintiff Kiranjeet Gill, 44, a homemaker, was driving on northbound State Route 99, outside of Bakersfield, accompanied by her husband, plaintiff Nirmal Gill, 55, a self-employed business owner, in the front passenger seat. Their son, plaintiffs’ decedent Arushveer Gill, was seated in the rear with his grandmother, plaintiff Satwant Kaur, 69, a homemaker. At approximately 10:05 p.m., near Sandrini Road, their vehicle was allegedly clipped by another vehicle traveling north on SR-99. The impact caused Mrs. Gill to overcorrect the vehicle, which went off-road and began to roll over. The driver of the other vehicle did not stop and was never identified. Nirmal Gill, Kiranjeet Gill and Satwant Kaur suffered multiple arising from the accident, while Arushveer Gill was ejected from the vehicle and sustained fatal . Nirmal Gill, Kiranjeet Gill and Satwant Kaur sought recovery via the supplementary-uninsured-motorist provision of their own insurance policy, which was administered by Interinsurance Exchange of the Automobile Club. The Automobile Club claimed that another vehicle clipped the plaintiffs’ vehicle and, hence, the uninsured motorist policy did not apply to the incident. It further claimed that the decedent was not wearing his seat belt at the time of the accident, causing him to become ejected., The Gills and Kaur were all taken by ambulance to an emergency room. Kiranjeet Gill sustained a rib fracture and a left shoulder contusion. She also claimed pain to her left knee and right foot, as well as a toenail injury. Mrs. Gill had one follow-up visit, and claimed residual left shoulder pain affecting her ability to lift heavy items. Nirmal Gill sustained a C6 facet fracture, an L1 transverse process fracture, and elbow lacerations. He was discharged from the hospital the following day, and followed up three times with a physician. Mr. Gill claimed he suffered residual neck and back pain, which is aggravated after working long hours. However, he claimed has not pursued further treatment because he has no health insurance. Satwant Kaur claimed rib fractures and a right ankle sprain with lacerations, as well as pain to her neck, back and right leg. She received some initial follow-up care, claiming residual pain to her right ankle/leg and ribs, and continues to treat with medication in her native country of India. Arushveer Gill was thrown from the vehicle and sustained multiple traumatic , ultimately resulting in his death. He is survived by his parents and grandmother. Mr. Gill sought recovery of $22,825.50 in past medical costs, Ms. Gill sought recovery of $17,417.94 in past medical costs, and Kaur sought recovery of $21,311.66 in past medical costs. In addition, Mr. and Mrs. Gill sought wrongful death damages for the death of their son, which they claimed has caused them great emotional distress.
COURT
Matter not filed, CA

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