Case details
Skateboarder failed to avoid collision, pedestrian alleged
SUMMARY
$300000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain injury, cognition, concussion, face, facial laceration, head, headaches, mental, nose, occiput, psychological, sensory, speech, vertigo
FACTS
At approximately 8 p.m., on June 9, 2011, plaintiff Jeanine Carbett, 56, a homemaker, was walking through a campground at San Elijo State Beach in Cardiff, when there was a collision with Aiden Earls, 15, who was riding a skateboard. The impact caused her to fall to the ground and strike her head. Carbett sued Aiden, alleging general negligence. (The complaint was served to the defendant’s mother, Yun Lutgen, pursuant to code, since Aiden was a minor.) Carbett claimed that Aiden was riding his skateboard through the campground, weaving between other pedestrians. Thus, she alleged that Aiden was unable to avoid her in his path, causing the collision and her personal . Aiden claimed that Carbett saw him before the collision and failed to get out of the way, or failed to maintain a proper lookout., Carbett was transported by ambulance to an emergency room. She sustained a concussion and exhibited signs of post-concussion syndrome. She also sustained a large, right occipital hematoma with a 2-centimeter laceration, which required sutures. Carbett claimed she experienced vertigo, nausea, headaches and memory loss in the months following the accident, but that the symptoms have not persisted. She also claimed visual disturbances in the form of flashing lights in her peripheral vision, which still occur at a decreased frequency. Thus, Carbett claimed $37,257.50 in damages for past medical costs and unspecified damages for her past and future pain and suffering. Her husband, John, presented a derivative claim seeking recovery of damages for his loss of consortium claim.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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