Case details

Vehicle’s unexpected left turn caused accident: scooter rider

SUMMARY

$400000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, chondromalacia, chondromalacipatella, concussion, disfigurement, face, facial laceration, head, knee, knee contusion, nose, patellofemoral pain syndrome, scar
FACTS
At around 5:45 p.m. on April 8, 2014, plaintiff Brittany Bagwell, 29, a producer, was riding her Vespa motor scooter on northbound Kingsley Avenue, a two lane residential street in Los Angeles. When she was north of Hollywood Boulevard, Bagwell came upon a Honda CRV operated by Courtney Miller, who had slowed down ahead of her. As Bagwell attempted to pass Miller’s vehicle, Miller made a left turn in front of her. Bagwell had no time to avoid a collision and went to the ground. Bagwell claimed to her head, chest, face, legs and right knee. Bagwell sued Courtney Miller and the owner of Ms. Miller’s vehicle, David Miller, Ms. Miller’s father. Bagwell alleged that Ms. Miller was negligent in the operation of her vehicle and that Mr. Miller was vicariously liable for his daughter’s actions. Mr. Miller was ultimately dismissed from the case. Bagwell claimed that as she approached Ms. Miller’s Honda CRV, she noticed that Ms. Miller had slowed down ahead of her, pulled over to the right side of the road, near the parked vehicles, and had her brake lights on. Bagwell contended that Ms. Miller did not have her turn signal on and appeared to be looking for a place to park. Thus, she claimed that as she attempted to pass the sport utility vehicle, Ms. Miller unexpectedly turned left in front of her, causing the accident. Plaintiff’s counsel noted that there was an eyewitness to the accident who testified that Bagwell had no time to avoid the collision and that Ms. Miller’s turn signal was not on. The eyewitness also testified that Ms. Miller was driving slowly up the street, next to the parked cars, and that Bagwell had sufficient room to drive straight in the northbound lane, but that Ms. Miller accelerated quickly and abruptly turned left in front of Bagwell. Ms. Miller denied liability and insisted that she was driving in the middle of the lane with her turn signal on at the time of the accident., Bagwell sustained a concussion; bruised ribs; facial lacerations; contusions on her legs, including her knees; and a severe open wound over the right knee. She was subsequently transported from the scene of the accident by ambulance and taken to Los Angeles County+USC Medical Center, in Los Angeles. The open wound on her right knee was sutured while she was in the emergency room and she spent one night at the hospital, but no surgery was performed. Bagwell then underwent physical therapy for her right knee. Bagwell was left with a 7 centimeter scar on her right knee, which she claimed is permanent. She also claimed that she developed chondromalacia and patellofemoral syndrome as a result of her knee injury and that she will eventually require a knee arthroscopy, which was recommended. Bagwell further claimed that can no longer run half marathons. Both the plaintiff’s and defense’s orthopedic surgery experts agreed that Bagwell will be in pain for the rest of her life. Thus, Bagwell sought recovery of $814,000 in damages, including $16,969 in past medical costs, $23,000 in future medical costs, and unspecified amounts for her past and future pain and suffering. Defense counsel disputed that Bagwell would need the alleged knee arthroscopy in the future.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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