Sacramento Car Accident Lawyer Blog

Injured Man Blames Tow Trucks Erratic Driving For Sacramento Car Crash

Mon, 14 May 2012 08:03:22 -0800

The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Kelly claimed that the accident aggravated a pre-existing lumbar condition, that he had disc herniations worsened or caused by the impact and that he had been asymptomatic before the accident. He sought treatment with Lenny Herman, the director of spinal trauma at Cedars-Sinai Hospital and underwent lumbar laminectomies at the L2-3, L4-5 and L5-S1 levels two months after the accident. Kelly claimed that as a result of the accident and surgery, his back will never be the same and he can no longer engage in skiing, golf and the many activities he had previously enjoyed.

Facts:
At 9 a.m. on Sept. 21, 2004, plaintiff Jason Kelly, a 52-year-old self-employed businessman, was driving his Porsche eastbound on the five-lane IHS in Sacramento, CA, when he was involved in a collision with ABC Supermarkets employee Red Merk and XYZ Towing Inc., employee Kent Cameron.

Claiming lower back injuries, Kelly sued ABC Supermarkets and XYZ Towing, Inc., for vicarious liability. In addition, Kelly named Cameron and Merk for motor vehicle negligence.

Cameron was driving his company's tow truck, changing lanes from the far left and caused Merk to swerve from his lane into Kelly, who was in the middle lane.

Merk claimed that Cameron was driving erratically, that he signaled to move right from the far left lane, when he abruptly moved into Merk's lane causing the accident. Merk had no time to stop or slow and swerved into the plaintiff's vehicle. Cameron, 18, had only been driving for three months. He claimed that he had properly signaled and changed lanes when he observed Merk in his rearview mirror too close at approximately 75 mph and swerved into the plaintiff's car.

Merk followed Cameron to the Haim Street off-ramp. He pulled him over and called the police.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Father Brings Wrongful Death Lawsuit After His Son Is Killed in Sacramento Car Accident

Mon, 07 May 2012 08:02:11 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

Facts:
The plaintiff, a 36 year-old program Manager in the computer industry, was the father of a 7-year-old boy who died in a car accident on Aug. 11, 2006. The child's mother, who was driving, was also killed, as was his older sister, age 9.

The plaintiff sued the mother's estate and her widower. Against the mother's estate, the plaintiff claimed wrongful death, and against the husband, he claimed negligent entrustment.

The plaintiff had primary custody of the child at the time of his death.

The accident occurred when the mother lost control of the Mercury Mountaineer she was driving east on IHS Highway 80 near Sacramento, CA. She and her husband, who was asleep in the passenger seat, were both wearing seatbelts. The children were in the back seat watching a DVD and were apparently not belted. The vehicle rolled over a number of times, and the children were ejected.

The plaintiff claimed that the mother was negligent in her failure to require the children to wear seatbelts.

The husband testified that when he went to sleep, the children were wearing their seatbelts and watching a DVD. According to both the surviving husband's testimony and the plaintiff's testimony, the mother had no history of driving irresponsibly.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Side Impact Car Collision Brings Neck Injury Claim

Mon, 30 Apr 2012 08:01:03 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Gregory claimed injuries to her neck, as well as persistent headaches. She claimed that she sustained three 2mm cervical disc bulges. She testified that she evaluated her pain level at an 8 or 9 at the scene of the accident.

Facts:
On Sept. 3, 2004, plaintiff Jackie Gonzales, 19, was traveling southbound in her sports car in Placerville when she struck a sedan traveling westbound driven by Jasmine Kiniky.

Gregory sued Kiniky, and the owner of the car she was driving, Jermaine Kiniky, claiming motor vehicle negligence.

The plaintiff's accident reconstruction expert testified that Gregory merged over to the left as the signs mandated, and she was traveling in the number two lane southbound when the accident occurred. Gregory denied there was any stopped traffic prior to the accident.

Kiniky offered the testimony of her passenger, a co-worker who stated that there were two lanes of stopped traffic. Kiniky inched up between lanes of traffic, and Gregory struck her car.

Gregory sought treatment one week after the accident with orthopedist Steven Goll. Goll took X-rays of Gregory' neck on Sept. 10, 2004 which was in normal limits. Gregory was then referred for an MRI which revealed disc dissection at C3-4, C4-5 and C5-6 and 2mm diffuse annular posterior disc bulges.

Goll recommended physical therapy. Gregory stated that the therapy resulted in no improvement. She then began a course of treatment with chiropractor Gennie Tamin. Tamin' treatment did not offer any relief to Gregory either.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Claims Sacramento Car Accident Causes Cervical Injury

Mon, 23 Apr 2012 07:59:34 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Surrie had a corpectomy procedure in May 2004 at C6 for a disc herniation at C6-7. She denied any previous cervical symptoms or treatment prior to the accident.

Facts:
On Oct. 31, 2003, Casey Surrie, the plaintiff, 46, was in the course and scope of her employment as a paratransit driver, driving a 2001 Ford Crown Victoria sedan. She was stopped at an intersection in Folsom, when her vehicle was hit from behind by a 1991 Ford Escort station wagon driven by the Samantha Lemons, who was in the course and scope of her employment with Sacramento Farm. Lemons was driving at 10 to 15 miles per hour at the time of impact.

Surrie sued Lemons and Sacramento Farm for negligent operation of a motor vehicle.
Lemons admitted liability for the accident, but contested causation.
Surrie's passenger was taken by ambulance to the hospital. Surrie herself declined treatment at the scene.

A neurosurgeon testifying for Surrie contended that her cervical condition and resulting treatment were caused by the car accident. He also claimed that she would require future surgery to address adjacent vertebral segments, which would be weakened by the fused levels addressed in the first surgery.

The neurosurgeon who performed the corpectomy testified that Surrie suffered from degenerative changes to the cervical spine and that, even without the accident, she might have required surgery. He contended that surgery was necessary due to Surrie's right side symptoms. Taller further claimed that a rear-end impact like the one Surrie suffered would not result in structural damage to the cervical spine.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Accident Results From Horse and Car Collisions, Part 2 of 2

Mon, 16 Apr 2012 13:45:22 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

Plaintiffs alleged the tiger had frightened the Surelys' horse, causing it to run out into the road and collide with decedent's car. Plaintiffs further alleged that the Camerons were negligent in renting their mobile home to a couple with over 20 wild cats, without having obtained a required conditional use permit from the County, without having run a thorough background check on the renters, and without having insisted that the renters install adequate facilities for housing the animals. It was learned that, prior to the accident, a lynx had also escaped from the property. An inspection by the Fish & Game Department found numerous code violations with regard to how the animals were being housed.

The Surelys argued that it was the tiger that frightened the horse which resulted in the accident.

The Camerons argued that there was no evidence connecting the tiger to the escape of the horse. No witnesses observed the tiger in the vicinity of the Surelys' property around the time of the accident. The Camerons' animal tracking expert inspected the paw print on the Surelys' fence post and concluded that it was from a large dog. A Fish & Game warden inspected the post and concluded that it was from a large cat, but that it appeared to be smaller than the paw of the tiger that had escaped.
There was an issue as to the Camerons' insurance coverage. Their carrier defended the case under a reservation of rights, and the Camerons filed a cross-complaint against their insurance broker, cross-defendant Brian Deven of cross-defendant Deven Group. The Camerons claimed the broker negligently failed to obtain umbrella coverage and a policy covering the mobile home.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Man Killed When Spooked Horse Collides With His Car, Part 1 of 2

Mon, 09 Apr 2012 13:44:13 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Decedent Sam Leonard, a 48-year-old real estate agent, was driving along Folsom Road in Sacramento in the early morning hours of February 12, 2005, when a horse ran on to the road and collided with Leonard's vehicle. Leonard and the horse were killed instantly. Plaintiffs, decedent's 46-year-old wife, 22-year-old son, and 19-year-old son alleged the corral, owned by defendants Max and Karen Surely, in which the horse was kept, was built of inadequate materials and was dilapidated. The dilapidated fence allowed for the horse to easily break through the fence and escape.

Defendants argued that their fence was adequate, given that their horses had never attempted to escape from the property before.

During the course of discovery and investigation, it was learned that a large Siberian tiger had escaped from a wild animal sanctuary and was roaming through Sacramento County at the time of the accident. The tiger and its tracks were observed at various locations in Folsom and El Dorado Hills, both east and west of the Surelys' property, and both before and after the accident. An animal print was also found on a fence post on the Surelys' corral. Due to heavy rains at the time, no other animal prints were found.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Suffers Neck and Shoulder Injury After Sacramento Car Accident

Mon, 02 Apr 2012 13:42:21 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Benjamin claimed to suffer soft-tissue strain to her neck and back and a torn rotator cuff. She testified that she recovered from the neck and back sprains within three months of the accident and later had surgery to repair her torn rotator cuff.

Facts:
On May 2, 2004, plaintiff Frances Benjamin, 61, a care provider to disabled adults, was driving her Jeep north in the left lane in Sacramento when she was sideswiped by Mary Pensis, who was driving a sedan. Benjamin claimed that she hurt her neck, back and shoulder in the accident.

Benjamin sued Pensis for vehicular negligence. Benjamin also sued Jane Avery, a co-owner of the sedan, but Avery was dismissed as there was no issue of permissive use or negligent entrustment.

Pensis admitted liability, explaining that as she was trying to change into the left lane she had a sneezing attack, causing her to lose control of her car and sideswipe the Benjamin’s vehicle.

Pensis admitted liability for the accident.

Benjamin claimed that she missed six months of work due to her injuries. She testified that she made about $1,600 a month as a caregiver.

Benjamin claimed that she incurred $23,900 in medical expenses, including $11,000 for the rotator cuff surgery, and $9,600 in lost wages. Including damages for pain and suffering, she sought a total of about $133,000.

In addition, Benjamin's husband sought $25,000 for loss of consortium. He testified that he had to do the cooking and cleaning and help his wife with bathing and the toilet for at least six months, including three months after the surgery.

SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $11,840
The jury found in favor of the plaintiff, awarding her $11,840, but found in favor of the defense on her husband's loss of consortium claim.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Accidents Leaves Mother and Two Children With Injuries, Part 2 of 2

Mon, 26 Mar 2012 13:41:17 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

Sarah claimed that she sustained neck pain and left shoulder pain as a result of the November accident. She was placed in an ambulance and transported to Kaiser, where she was treated and released. She underwent approximately one month of additional physical therapy, and two months of chiropractic treatment. MRIs on her back and neck revealed a slight disc protrusion. She claimed that she missed some work as a result of the second accident.

For the January accident, Sarah sought recovery of $57,056.11 in economic damages and $13,000 in noneconomic damages. She claimed $12,121.11 in medical expenses, and $44,935 in lost wages from Jan. 17 to Oct. 30, 2004. Remmy sought recovery of $7,500 for her economic damages, and Aaron sought recovery of $6,000 for his economic damages.

For the November accident, Sarah sought recovery of $18,777.71 in economic damages and $7,500 in noneconomic damages. She claimed $7,942.71 in medical expenses and $10,835.50 in lost wages from Nov. 8, 2004 to Jan. 16, 2005.

Defense counsel for ABC Services argued that Sarah's treatment was unreasonable and unnecessary, and that she frequently telephoned doctors requesting an extension of disability.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Injured in Two Car Accidents Sues Drivers For Injuries, Part 1 of 2

Mon, 19 Mar 2012 13:30:38 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Sarah claimed that she sustained neck and back strain as a result of the January accident. Aaron and Remmy claimed that they sustained soft-tissue neck and back injuries.

Facts:
On Jan. 17, 2004, plaintiff Sarah Serrie, 41, a computer technician, was driving a car in the left-turn pocket in El Dorado County. Her son, Aaron, 15, and daughter, Remmy, 13, were passengers. When Serrie stopped her car, it was rear-ended by a utility van driven by Sam Lemons.

On Nov. 8, 2004, Sarah Serrie was in a second accident. She was driving south in Folsom, CA, and Barry Samsin was driving a car north, in a left-turn pocket. Another driver waived Samsin through a gap in a line of cars which were stopped for a traffic light. Samsin had almost completed his left turn when he struck Serrie's vehicle over the rear tire.

Serrie and the two children sued ABC Services, the owner of the vehicle in the January accident; Sarah also sued Samsin for the November accident. Both causes of action were brought on the same complaint, and both cases were tried together.
For the January accident, Sarah, Aaron, and Remmy claimed that Sarah stopped when the traffic light changed. They claimed that Steven Lemons was driving the van in the course and scope of his employment with ABC Services, and that ABC Services was vicariously liable.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Involved in Sacramento Auto Accident Suffers Spinal Injuries

Thu, 08 Mar 2012 07:38:59 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Several days after the accident, the plaintiff visited her general physician for neck pain. After an extended course of pain medications and physical therapy, an MRI revealed a herniation at L4-5. She underwent a laminectomy and cervical fusion more than a year after the accident.

Facts:
On Sept. 24, 2003, the plaintiff, a nursing assistant, was stopped on Folsom Avenue in Sacramento, CA when her vehicle was struck from behind by a car driven by the defendant. The impact was approximately 10 mph, and the damage sustained by both cars was minimal. The police were not summoned.

The plaintiff sued the defendant for motor vehicle negligence.

The defendant did not test liability.

After the surgery, the plaintiff returned to her job, but eventually began experiencing pain in her neck again. After another set of imaging studies, it was determined that the plaintiff had adjacent disc disease. She underwent a second fusion more than four years after the accident.

Defense counsel argued that the impact was so minimal that the risk of injury -- much less one of this magnitude -- was minimal, if nonexistent. Defense counsel contended that the 10 mph impact and the facts that the police were not called and the plaintiff waited three days to visit a doctor prove that the damage was minimal.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Crash Leave Man with Spinal Injuries, Part 2 of 2

Thu, 01 Mar 2012 07:37:39 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

The plaintiff sought $300,000 in past medical bills, 80,000 in past lost earnings, $300,000 in future lost earnings and pain and suffering.

The defense argued that Wallace had little more than whiplash and standard soft-tissue injuries. Counsel claimed that anything else was related to pre-existing, asymptomatic, degenerative disc disease and the defendant was liable only for a temporary aggravation of pre-existing conditions.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Accident Results in Million Dollar Settlement, Part 1 of 2

Thu, 23 Feb 2012 07:36:28 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Wallace sustained right (dominant) shoulder impingement syndrome as well as radiculopathy in his neck. After the accident, he was taken to an emergency room, where he was treated and released. He underwent several months of conservative treatment, including chiropractic care, physical therapy, pain medication and epidural and facet injections.

Facts:
On Jan. 5, 2006, plaintiff Sam Wallace, 57, an office manager, was reportedly rear-ended at 35 mph by Ronald German on the 605 Freeway in Sacramento.
Wallace sued German and his employer ABC Electrical Contractors Inc., for motor vehicle negligence and vicarious liability. Wallace asserted that the accident resulted from German's inattentiveness.

Wallace underwent arthroscopic surgery on his right shoulder and an anterior cervical decompression and fusion at C5-7 with right structural iliac crest autograft instrumentation on Sept. 5, 2006. The fusion alleviated the radiculopathy, but did not cure the severe, ongoing headaches.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Car Accident in Sacramento Leaves Man With Serious Injuries

Thu, 16 Feb 2012 07:32:38 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

INJURIES: Cameron claimed he sustained herniated discs at L4-5 and L5-S1. He also complained of dizziness. He underwent three months of chiropractic treatment in addition to three lower back epidural injections. He did not work for approximately a year after the accident as he could not stand for more than 10 minutes at a time. He also underwent a microdiscectomy in May 2009. He may need additional epidural injections or a back fusion in the future.

Facts:
On Dec. 20, 2005, plaintiff Oliver Cameron, 37, a quality control inspector for medical supplies, was stopped at the intersection of Sacramento Avenue and Fair Oaks Street in Sacramento when his car was rear-ended by a delivery truck driven by Phil Lawry. Lawry was driving approximately 35 mph at the time of the accident.

Cameron sued Lawry and his employer, ABC Glass Systems Inc. He alleged that Lawry was negligent in the operation of his vehicle and that ABC was vicariously liable for Lawry' actions.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Accident Case Results In Cervical Injury and Million-Dollar Settlement, Part 2 of 2

Wed, 01 Feb 2012 07:05:54 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

The plaintiff had an assortment of pre-existing ailments and injuries dating back to the early 1990s, including neck pain and migraines, defense counsel noted. The plaintiff was also involved in at least two accidents prior to this incident, including one in 1999, when she hired an attorney and claimed cervical injury.

Plaintiff's counsel acknowledged that the plaintiff had a pre-existing condition, but insisted that she was relatively symptom free in the two-year period prior to the subject accident and never experienced radicular pain. Plaintiff's counsel argued that the plaintiff was unusually susceptible to injury and that this seemingly innocuous incident caused the symptoms.

The defense medical expert related the disc herniation, the adjacent disc disease, both surgeries and significant medical expenses and disability to the minor car accident, according to defense counsel.

SUMMARY:
RESULT: Mediated Settlement
Award Total: $1,250,000
The case settled for $1.25 million.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Severely Injured in Sacramento Car Accident When Rear-Ended, Part 1 of 2

Wed, 25 Jan 2012 06:48:09 -0800

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

Facts:
On December 14, 2008, the plaintiff, a nursing assistant, was stopped on ABC Avenue in Sacramento when her vehicle was struck from behind by a car driven by the defendant. The impact was approximately 10 mph, and the damage sustained by both cars was minimal. The police were not summoned.

The plaintiff sued the defendant for motor vehicle negligence.

The defendant did not test liability.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.