Case details

Plaintiffs struck by vehicle that ran red light claimed head injuries





Result type

Not present

amnesia, blunt force trauma to the head, brain, brain injury, chest, double vision, face, facial, facial laceration, facial numbness, fracture, head, hearing, leg, mental, nose, pain, partial loss of, psychological, rib, right knee, sensory, sinus, speech, vertical diplopia
At around 11:59 a.m. on Friday, Feb. 14, 2014, plaintiff Elaine Parham, 59, a middle school teacher, was driving her 2012 Toyota Camry in the number two lane of westbound Church Street in the city of Rancho Cucamonga, in San Bernardino County. Her mother, plaintiff Mary Bright, a retired 92 year old, was a belted front seat passenger. After stopping for a red traffic signal at the intersection with Haven Avenue, Parham proceeded into the intersection on a green traffic signal and was broadsided by a vehicle operated by Jarod McDonald. As a result of the impact, Parham’s vehicle was pushed through the intersection and collided into the rear of another vehicle that was stopped in the number two left turn lane of southbound Haven Avenue. Parham sustained to her head and face. Bright sustained to her head, hip and leg. Parham and Bright sued McDonald, alleging that McDonald was negligent in the operation of his vehicle. Plaintiff’s counsel noted that the investigating traffic officer concluded that McDonald caused the collision by failing to stop for a red traffic signal in violation of California Vehicle Code § 21453(a). Thus, counsel asserted that McDonald caused the collision by violating California Vehicle Code § 21453(a), which states in part, “A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection.”, Parham sustained blunt force trauma to her head, resulting in fractures of the right orbital floor and medial orbital wall, and a herniation of the orbital fat. She also sustained a frontal sinus fracture, a right eyebrow laceration, a left pneumothorax, left and right basilar atelectasis, and multiple rib fractures on her left side from the second rib to fourth rib. Parham subsequently underwent open reduction and internal fixation surgery to repair the orbital blowout fracture. The operation consisted of a right orbitotomy and repair of the orbital floor fracture with a Medpor Titan Barrier implant. Parham claimed she now suffers vertical diplopia, ongoing facial numbness, and right knee pain. Thus, she sought recovery of $30,916.41 in total past paid medical expenses and recovery of damages for her past and future pain and suffering. Bright suffered hemorrhagic contusions to the left frontal and right temporal lobes, a fracture of the right fibula head, and a fracture of the left eighth rib. She briefly lost consciousness at the scene and was amnestic to the incident itself. Bright claimed that she suffers decreased hearing as a result of her head injury, continued pain to her right knee, left hip pain, and continued chest pain. Bright alleged that as a result of her , she lost her independent living ability and had to move into an assisted living facility. Thus, she sought reimbursement of $25,528.66 in paid medical expenses that she had incurred, as well as recovery of damages for her past and future pain and suffering.
Superior Court of San Bernardino County, San Bernardino, CA

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