Case details
Plaintiff’s injuries caused by prior collisions, defense argued
SUMMARY
$4200
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, chronic pain, legdegenerative disc disease, neck, shoulder
FACTS
On the evening of March 22, 2013, plaintiff Marlo Kindermann, 48, a teacher, and her male friend descended a series of stairs from a parking lot near a club in Fairfax and entered a crosswalk in an attempt to cross West Broadway. However, as she entered the crosswalk, her friend grabbed her and tried to pull her out of the way of a vehicle operated by Paul O’Sullivan, who was allegedly travelling slowly down West Broadway with his headlights activated. Kindermann claimed that her left leg was struck, causing her to fall toward the vehicle and land on the street on her left side. She subsequently claimed to her neck, back, a shoulder, and a leg. Kindermann sued O’Sullivan, alleging that O’Sullivan was negligent in the operation of his vehicle. O’Sullivan admitted liability., Kindermann claimed the incident aggravated her pre-existing , causing her to suffer myofascial pain syndrome, a chronic pain disorder, with associated trigger points to her neck, back, a shoulder, and a leg. She subsequently presented to an emergency room for treatment. Prior to the subject incident, Kindermann was involved in two other motor vehicle collisions, including a much more a serious multi-car collision on Jan. 1, 2012. She claimed she suffered numerous fractures in the January 2012 collision, but the were never documented or shown in medical records. Kindermann was also involved in a rear-end collision in September 2012 that allegedly caused over $11,000 in property damage. Lawsuits followed each accident. Kindermann was treating for alleged from first and second incidents at the time of the subject incident in March 2013. However, she did not treat after the subject incident except for the initial visit to the E.R. The plaintiff’s physical medicine expert opined that Kindermann suffered from myofascial pain syndrome and that 80 percent of Kindermann’s condition was attributable to the January 2012 incident and 20 percent was attributable to the subject incident in March 2013. Kindermann claimed that she is no longer able to clean the house, drive more than 20 minutes, or work as a teacher because of the incidents. The plaintiff’s physical medicine expert prepared a $1 million life care plan, and the plaintiff’s expert life care planner stated that Kindermann would suffer a future loss of income in excess of $1 million. However, in closing, plaintiff’s counsel asked the jury to award Kindermann $600,000. Defense counsel contended that Kindermann had the exact same limitations that she testified to after the first accident, in January 2012. The defense’s orthopedic surgery and radiology experts opined that Kindermann suffered from degenerative disc disease that became symptomatic after the first accident in January 2012. Defense counsel noted that during Kindermann’s deposition for the January 2012 collision, she testified that both the September 2012 incident and the subject accident in March 2013 reactivated her from the January 2012 accident and that within a month of the March 2013 accident, she went back to baseline. She also claimed during her deposition for the January 2012 incident that the two subsequent accidents — the September 2012 incident and the subject March 2013 incident — were minor. Defense counsel noted that Kindermann stated that she missed at least two weeks of work and that she could no longer work as a teacher because of the accidents. However, defense counsel argued that Kindermann was not a full-time teacher at the time of any of the alleged incidents and that she only became a full-time teacher four months after the subject incident. Counsel further argued that Kindermann worked full-time for 1.5 years until she was ultimately laid off from her position. In response, Kindermann claimed that she was not placed elsewhere because of her pain and because she could not drive far to find employment elsewhere. However, defense counsel argued that Kindermann only missed five days of work due to the subject incident and that the subject incident was unrelated to Kindermann being laid off. Thus, in closing, defense counsel asked the jury to only award Kindermann $5,500 in total damages.
COURT
Superior Court of Marin County, Marin, CA
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INJURIES:
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- brain
- brain damage
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- head
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