Case details

Rear-ender caused injuries to driver and passenger: lawsuit

SUMMARY

$5750000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, emotional distress, face, facial laceration, mental, nose, psychological, traumatic brain injury
FACTS
On Oct. 25, 2017, plaintiff Eric Ringseth, 79, a retiree, was driving east on Interstate 80, in Davis. His wife, plaintiff Rosa Ringseth, 69, a retiree, was a front-seat passenger. While their vehicle was stopped in traffic, it was rear-ended by a vehicle operated by Peter Carlino. Mr. Ringseth sustained to his head, while Ms. Ringseth sustained to her face and right foot. The Ringseths sued Carlino and Carlino’s employer, Lea & Braze Engineering Inc., which also owned Carlino’s vehicle. The Ringseths alleged that Carlino was negligent in the operation of his vehicle and that Lea & Braze Engineering was vicariously liable for Carlino’s actions while in the course and scope of his employment., The Ringseths were both taken to UC Davis Medical Center, in Sacramento. Mr. Ringseth sustained blunt force trauma to his head, resulting in a loss of consciousness for several minutes. However, it was undetermined what Mr. Ringseth struck his head on. Mr. Ringseth suffered a severe traumatic brain injury, which included subdural intracranial hemorrhages and intraventricular hemorrhages. He also suffered hypoxia and seizures as a result of his brain injury. Mr. Ringseth had to be intubated upon admission to UC Davis Medical Center. He then received inpatient treatment at UC Davis Medical Center; Kaiser Permanente Vacaville Medical Center, in Vacaville; and Kaiser Foundation Rehabilitation Center – Vallejo. His inpatient treatment extended from the Oct. 25, 2017, date of the accident, until Dec. 13, 2017. Mr. Ringseth then received ongoing outpatient care through Kaiser. Mr. Ringseth claimed that he will require future daily care for his memory loss and progressive dementia. He sought recovery of past medical costs, which included $258,632.99 for his treatment at the Kaiser facilities, and an unspecified amount in future medical costs. He also sought recovery of damages for his past and future pain and suffering. Ms. Ringseth sustained facial abrasions, lacerations and bruising, as well as a bloody nose due to the airbag deployment. She also sustained multiple fractures to her right foot, including a mildly comminuted fracture of the head of the first digital proximal phalanx, a fracture of the base of the first distal phalanx laterally, a displaced intra-articular fracture of the base of the second proximal phalanx, and an avulsion fracture of the lateral aspect of the cuboid bone. Ms. Ringseth did not require any surgeries, but she had follow-up treatment at a Kaiser facility. Ms. Ringseth sought recovery of past medical costs, which included $82,636.32 from a Kaiser facility. She also sought recovery of damages for her past and future pain and suffering. She did not seek recovery of future medical costs, but she presented a derivate claim seeking recovery of damages for her loss of consortium as a result of her husband’s . Defense counsel did not make any specific contentions regarding the Ringseths. Counsel noted that discovery did not proceed far enough to allow the defense to make any contentions on Mr. Ringseth’s medical status, as Mr. Ringseth was not examined.
COURT
Superior Court of Alameda County, Oakland, CA

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