Case details

Plaintiffs thrown from car claimed brain injuries





Result type

Not present

brain, coma, fracture, head, skull, subdural hematoma, traumatic brain injury
On May 25, 2013, plaintiff Christopher Kisling, 51, a business owner, was driving his restored 1949 Ford Coupe on northbound North Academy Avenue, in Clovis, accompanied by his wife, plaintiff Deanna Kisling, 59, a homemaker, in the front passenger seat. At approximately 10:40 a.m., while crossing the intersection at East Shepherd Avenue, the Kisling vehicle was struck by a dump truck operated by Justin Mink, who was pulling a trailer on eastbound East Shepherd Avenue. The impact caused the Kislings’ driver’s side door to pop open and both Mr. and Mrs. Kisling fell out of the car, sustaining traumatic brain . The Kislings sued Justin Mink; the owner of the truck, Mink Trucking & Excavation; and the business owners, Gary Mink and Bobby Mink. The Kislings alleged that Justin Mink was negligent in the operation of the truck. They also alleged that Mink Trucking, Gary Mink and Bobby Mink were vicariously liable for Justin Mink’s actions. Plaintiffs’ counsel contended that the Kislings’ part of the intersection was uncontrolled while Justin Mink had a stop sign. Thus, counsel contended that Justin Mink failed to yield to oncoming traffic at the subject intersection. Defense counsel contended that neither Mr. Kisling nor Mrs. Kisling was wearing a lap seat belt at the time of the accident. Counsel asserted that had the Kislings worn the available seat belts, their serious brain would not have occurred., Mr. and Mrs. Kisling were both rushed by ambulance to an emergency room. Mr. Kisling suffered a skull fracture and a traumatic brain injury. He subsequently required emergency surgical procedures, consisting of a right hemicraniectomy with a right temporal lobe hematoma evacuation and a right cranioplasty with cranial bone remodeling. Mr. Kisling has since returned to work operating his business, but no loss of earnings was calculated. In addition, no life care plans were prepared. Thus, Mr. Kisling sought recovery of $280,575.53 in past medical costs. He also sought recovery of damages for his pain and suffering. Mrs. Kisling suffered a traumatic brain injury and was rendered in a coma. She scored a 3 on the Glasgow Coma Scale, indicating deep unconsciousness. The lowest possible GCS is a 3 (indicating a deep coma) and the highest is a 15 (indicating a fully awake person). Mrs. Kisling was determined to have sustained a subdural hematoma and a herniation to the right side of her brain, for which she underwent a craniotomy at Community Regional Medical Center in Fresno on May 25, 2013. She ultimately came out of her coma. Thus, Mrs. Kisling sought recovery of $124,331.15 in past medical costs. She also sought recovery of damages for her pain and suffering. No life care plans were prepared. Defense counsel contended that Mr. and Mrs. Kisling both made a good recovery from their .
Superior Court of Fresno County, Fresno, CA

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