Case details

Truck’s loose corner iron caused other driver’s brain injury

SUMMARY

$11876655.82

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, diffuse axonal brain injury, fracture, frontal lobe contusion, head, internal bleeding, skull
FACTS
On Sept. 17, 2010, plaintiff Susan Reyes, 41, a teacher, was driving south on State Route 99 in Bakersfield when a corner iron securing a load of empty crates on a tractor-trailer, which was traveling in front of Reyes, came off and flew through the air, crashing through her windshield. The corner iron struck her in the head, causing severe head . Reyes sued the owner of the tractor-trailer, Lion Raisins Inc. She alleged that the defendant was negligent, under res ipsa loquitor, for failing to properly secure the corner iron, constituting statutory violations of the Vehicle Code and Federal Motor Carrier Safety Regulations. Lion Raisins admitted liability, and the matter proceeded to a trial on causation and damages., Reyes was rushed by ambulance to an emergency room, where it was determined that she sustained an open comminuted frontoparietotemporal fracture of her right, frontal skull, which was depressed with impalement (bone driven into right frontal lobe) and herniation of brain tissue through the skull. She was also diagnosed with a bone penetrating injury, along with multiple areas of bleeding and a diffuse axonal brain injury. She also sustained a contrecoup injury to the left parietal region and left temporal lobe, which is tissue damage on the opposite side of the trauma site. As a result, Reyes lost the right, upper portion of the four-quadrant visual field. She subsequently underwent a right, frontal craniotomy and elevation of the right frontal depressed skull fracture, as well as dural and skull reconstruction. Reyes suffered a post-traumatic subarachnoid hemorrhage involving both frontal lobes. She also developed a seizure disorder and was determined to be a “3” on the Glasgow Coma Scale. Reyes claimed she had recurring seizures on July 23, 2011, Nov. 10, 2011, and Jan. 18, 2012, requiring hospitalization each time, as well as two more seizures at home during the trial. She alleged that she attempted to return to work as a teacher in April 2011, and again in September 2011, but that she ultimately had to retire due to her disability, which includes a personality disorder. She further claimed that she is in a downward spiral in behavioral functioning. Thus, Reyes sought recovery of damages, including $178,910 for past medical costs, $62,725 for past lost earnings, $2,084,238 for future lost earnings, $6,507,040 for her future life care plan, $5 million for past pain and suffering, and $19.5 million for future pain and suffering. Reyes’ husband, Adrian, presented a derivative claim, seeking recovery of between $1 million to $2 million in damages for his loss of consortium. Defense counsel contended, through independent medical examinations conducted by its experts, that Reyes’ seizures could be controlled through medication. Counsel also contended that Reyes could return to work as a bookkeeper and get her driver’s license back, which she lost due to seizures. Thus, defense counsel argued that Reyes should be awarded $400,000 for her life care plan, $400,000 for total lost wages, and $1 million for her pain and suffering. Counsel further argued that Reyes’s husband should only be awarded $50,000 for his loss of consortium.
COURT
Superior Court of Fresno County, Fresno, CA

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