Case details

Turning vehicle struck, resulting in injuries to its occupants




Mediated Settlement

Result type

Not present

brain, brain damage, brain injury, cognition, emotional distress, fracture, head, impairment, internal bleeding, mental, organic brain syndrome, psychological, skull, zone of danger
On July 4, 2010, at approximately 1:30 p.m., plaintiff Amelia Dishion, 26, and her cousin, plaintiff Kerry Anne Loughman, 13, were passengers in a vehicle operated by their aunt, Susan Winquist. They were traveling on eastbound Avenida de Los Arboles in Thousand Oaks when Winquist attempted a left turn onto Parkview Drive and was struck by a truck operated by Daniel Arnone, who was driving west on Avenida de Los Arboles. The passenger side door was crushed in the accident, trapping Dishion in the vehicle, while Winquist hit her head and was rendered unconscious. Kerry Anne was ultimately able to crawl out of the wrecked vehicle, but claimed emotional as a result of seeing her cousin and aunt injured in the crash. Dishion and Kerry Anne, by and through her father, Dan Loughman, sued the driver of the truck, Daniel Arnone; the truck’s owner, BMD Construction; and the driver of their vehicle, Susan Winquist. They alleged that Arnone and Winquist were negligent in the operation of their respective vehicles, and that BMD Construction was vicariously liable for Arnone’s actions. Winquist brought a cross-claim against Arnone and BMD Construction, alleging that they were solely liable for the crash. Specifically, she claimed that she had a green turning arrow and properly attempted the turn from the left turn lane on Avenida de Los Arboles. Thus, Winquist claimed that Arnone failed to yield the right of way. Arnone claimed that he had a solid green traffic light and that Winquist negligently turned left into his line of travel/right of way when it was unsafe to do so. Thus, he claimed that Winquist caused the collision., Dishion, Kerry Anne and Winquist were all taken to the hospital for emergency treatment. Dishion suffered three pelvic fractures and a fractured sacrum. She also sustained multiple lacerations and was hospitalized for four days. Following her release, Dishion underwent pain management and physical therapy for months, and was unable to work for five months due to her . Kerry Anne was in the back seat and claimed that she observed her aunt, Winquist, unconscious and bleeding due to the collision. She also claimed that although she was able to crawl out of the wrecked vehicle, she observed her cousin, Dishion, trapped inside the car by the crushed door and calling out in fear and pain. Kerry Anne ultimately underwent emergency treatment of her , which included abrasions and cuts from the exploding glass in the vehicle. She also underwent a series of X-rays, but they presented within normal limits and she was released to her parents later that same day. However, Kerry Anne claimed emotional distress as a result of seeing her aunt and cousin injured in the crash. Winquist sustained multiple skull fractures, resulting in severe craniocerebral trauma. The skull fractures included a complex fracture of the right temporal bone, including several fractures extending through the temporal bone; epidural hematomas on the right side; and an acute left temporal intracerebral hemorrhage. Winquist ultimately underwent a large frontotemporal craniectomy to evacuate blood surrounding the brain. However, she was left in an organic mental state, or a form of decreased mental function, secondary to trauma with residual cognitive impairments.
Superior Court of Ventura County, Ventura, CA

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