Case details

Suit: Unlicensed driver struck pedestrian, causing brain injuries

SUMMARY

$1000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, cerebral, cerebral palsy, diffuse axonal brain injury, double vision, edema, language, neurological, sensory, speech, traumatic brain injury
FACTS
On Oct. 21, 2014, plaintiff Ray-Von Hawes, 18, a student, was walking along the edge of 20th Street East, north of the intersection with East Avenue I, in Lancaster. He was struck from behind by a vehicle operated by Topanga Adams, an unlicensed 15-year-old girl. Topanga admitted that she was traveling 55 mph when she hit Ray-Von, who was thrown into the windshield and passenger-side mirror. Ray-Von landed on the adjacent shoulder. He sustained to his head and was rendered unconscious. Ray-Von sued Topanga and the owner of Topanga’s vehicle, Steve Sellers. Topanga’s mother, Mary Mitchell, was also sued, as she initially claimed that she was the one who struck Ray-Von, ostensibly to protect her daughter. Ray-Von alleged that Topanga was negligent in the operation of her vehicle and that Sellers and Mitchell were vicariously liable for Topanga’s actions. Ray-Von also alleged that Sellers and Mitchell were negligent in the entrustment of the vehicle to Topanga. Plaintiff’s counsel noted that Mitchell was initially issued a citation for driving with a suspended driver’s license, in violation of Vehicle Code § 14601.1(a), but when Mitchell and Topanga admitted that Topanga was the one driving, Mitchell was issued another citation for allowing an unlicensed person to drive a vehicle, in violation of Vehicle Code § 14604(a). Counsel noted that Mitchell was also charged with making false statements during an investigation, in violation of Vehicle Code §§ 20 and 31. In addition, plaintiff’s counsel noted that Topanga was cited and convicted for driving without a license, in violation of Vehicle Code § 12500(a), and cited, charged and convicted for a hit and run, in violation of Vehicle Code § 20001(a). Plaintiff’s counsel contended that Mitchell told the police that she allows her kids to drive whenever they want, even though they don’t have driver’s licenses, and that she taught her kids to drive when they were 9 years old. Mitchell claimed that Sellers was at work at the time and did not know that her kids drive his truck. Sellers claimed that Topanga told him that she was 19 years old and in the ninth grade and that he would allow her to drive with him in the car at night. He also claimed that he had observed Topanga drive her mother’s car on multiple occasions and that he had ridden with her on multiple occasions in her mother’s car. In response, plaintiff’s counsel asserted that Sellers should have known that Topanga was underage to drive because a ninth grader is typically 13 to 15 years old. Counsel also asserted that Sellers forbade Topanga from driving at night, but that Sellers allowed her to drive his truck during the day., Paramedics arrived at the scene and found Ray-Von on the side of the roadway, lying prone in the sand. They found him unresponsive and unable to make any statements, noting that Ray-Von had suffered a blunt head injury with multiple traumatic and neurological-altered mentation. Ray-Von’s Glasgow coma scale score was determined to be only 3, and he was bleeding from the back and right side of his head. He was transported to the Antelope Valley Hospital, in Lancaster, where he was admitted, examined and treated by physicians and surgeons. Ray-Von was also immediately placed on ventilator support after suffering from acute respiratory failure. While undergoing a CT scan, Ray-Von manifested a seizure and shivering. Internal and broken bones were ruled out, but the CT scan of the head showed a diffuse cerebral edema. An MRI of the brain revealed a diffuse axonal brain injury with inferior bilateral frontal, left anterior temporal, bilateral thalamus, mid-brain contusions, resulting in sixth cranial nerve palsy. He was determined to have sustained a traumatic brain injury. Two weeks later, Ray-Von was transferred to Providence Holy Cross Medical Center, in Mission Hills, for inpatient, neurologic, acute rehabilitation, which included walking, talking, counting, bathing, dressing and essentially all daily activities of life. He also underwent physical therapy, speech therapy and occupational therapy. On Nov. 24, 2015, Ray-Von underwent throat surgery, consisting of a microdirect laryngoscopy with laser excision of a laryngeal scar and laryngeal balloon dilation, after being diagnosed with laryngeal stenosis. Ray-Von claimed he suffered from shortness of breath, nausea, vomiting, wheezing, syncope and diplopia (double vision) as a result of his . He also claimed he suffered from recurrent “dysarthria” (difficult or unclear articulation of speech that is otherwise linguistically normal) during prolonged conversation and encopresis (involuntary defecation, especially associated with emotional disturbance or psychiatric disorder). He further claimed that he experienced frequent sleep walking and that he was diagnosed with a paranoid disorder. In addition, Ray-Von claimed that he was diagnosed with Grave’s disease, which is a type of autoimmune problem that causes the thyroid gland to produce too much thyroid hormone (hyperthyroidism). Plaintiff’s counsel contended that Ray-Von’s traumatic brain injury is a problem that will never go away. Counsel also contended that Ray-Von will likely never hold a job and that Ray-Von will have to be cared for and supported by his family and other care providers for the duration of his life. Counsel further contended that Ray-Von will likely never have a relationship with others, male or female, and that Ray-Von has lost all of his friends. Plaintiff’s counsel asserted that the impact on Ray-Von’s life could not have been much worse. Ray-Von’s expert life care planner provided a preliminary life care plan that indicated future medical and related services over Ray-Von’s expected life of 55.8 years. The expert opined that Ray-Von’s future medical and related services would total $18,195,102. Ray-Von sought recovery in excess of $400,000 for past medical expenses and sought $18,195,102 in future medical and related expenses. He also sought recovery of lost earnings and earning capacity in the range of $590,000 to $1.4 million. In addition, Ray-Von sought recovery of damages for his past and future pain and suffering. The defense’s medical experts agreed that Ray-Von suffered from closed head trauma, resulting in a severe brain injury, following a loss of consciousness, with imaging showing brain abnormalities that included frontal lobe hemorrhages, thalamic lesions and changes in the gray-white matter consistent with the clinical diagnoses of a diffuse axonal injury, swallowing problems, migraine headaches, and cognitive and behavioral abnormalities. The experts also agreed that Ray-Von suffered from a thought disorder, characterized by paranoia, as well as odd and unusual thinking and beliefs related to the brain injury. The experts further agreed that Ray-Von suffered from mild to moderate impairment of auditory and visual memory, working memory, perceptual reasoning, speed processing and executive functions. In addition, the defense’s medical experts agreed that Ray-Von suffered from severe depression and a moderate level of anxiety and that, per the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Ray-Von met the diagnostic criteria for major neurocognitive disorder with behavioral disturbance due to a brain injury. The defense’s expert neurologist recommended comprehensive neurocognitive rehabilitation at a facility, and for Ray-Von to be seen by a psychiatrist for psychotropic medication evaluation and monitoring.
COURT
Superior Court of Los Angeles County, Lancaster, CA

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