Case details
Speeding tractor-trailers caused multiple vehicle crash: plaintiff
SUMMARY
$7997563
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
anxiety, back, chest, cognition, depression, fracture, head, mental, neck, neurological, neurological impairment, psychological, rib, skull, transverse process, transverse process head, vertebra, wrist
FACTS
On Feb. 2, 2018, plaintiff Chalana Aracchchilage, 29, a truck driver trainee, was driving in the number three lane of northbound State Route 99, in Manteca. As she slowed for traffic just north of the Austin Road overcrossing, her vehicle was rear-ended by a tractor-trailer operated by Faustino Gomez. The impact forced Aracchchilage’s vehicle into the number two lane, where she was immediately broadsided by a tractor-trailer operated by Frank Garcia Jr. Instead of braking, Garcia continued to depress the accelerator while Aracchchilage’s vehicle bobbed up and down, perpendicular to the front of Garcia’s truck, with the friction of the vehicles eventually bringing them to a stop. Aracchchilage sustained to her head, her pelvis, a wrist, ribs and her spine. Aracchchilage sued Gomez; Gomez’s employer, Bay Area Seafood Inc.; Garcia; and Garcia’s employer, RRT Logistics Inc. Aracchchilage alleged that Gomez and Garcia were negligent in the operation of their respective vehicles. She also alleged that Bay Area Seafood was liable for Gomez’s actions while in the course and scope of his employment and that RRT Logistics was liable for Garcia’s actions while in the course and scope of his employment. Plaintiff’s counsel contended that Gomez was traveling too fast for the road’s conditions and that Garcia was unlawfully traveling at an unreasonable speed in the number two lane. Counsel also contended that Garcia had depressed the accelerator on impact, rather than the brake, causing further injury to Aracchchilage. Garcia’s counsel contended that Aracchchilage was pushed in front of Garcia’s tractor-trailer and that Garcia had no time to react., Aracchchilage sustained fractures to her skull, pelvis, ribs and a wrist. She was transported by ambulance to Doctors Medical Center of Modesto. CT scans showed that Aracchchilage had also sustained multiple spinous process and transverse process fractures in the thoracic and lumbar region, as well as a right, anterior sacroiliac fracture. In addition, Aracchchilage claimed she suffered neurological , including severe head trauma and traumatic brain injury. She required surgical intervention on her pelvis and was restricted in her ability to walk without an assistive device. Aracchchilage claimed she was left with chronic pain, ambulation problems, and cognitive deficits that affected her mental speed, attention, memory, reasoning, and fine motor dexterity. She also claimed she suffered from depression, anxiety and post-traumatic stress disorder as a result of the accident. Aracchchilage further claimed that has been unable to return to work due to her . Aracchchilage sought recovery of past and future medical costs, past and future loss of earnings, and damages for her past and future pain and suffering. Her husband, Mandeep Singh, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of Alameda County, Oakland, 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
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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