Sacramento Personal Injury Lawyer Blog

Teenage Boy Trapped In Vehicle After Drunk Driver Submerges It In River, Part 2 of 2

Wed, 09 May 2012 08:41:47 -0800

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit 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 personal injury lawsuit and its proceedings.)

It was suspected that, during this time, members of the party were trying to destroy the evidence of drinking and other illicit activity, waiting for Amos's alcohol level to subside, and were developing their “story” to tell the police. While they waited to call police, Mark remained trapped in the back seat of the car submerged in the icy water at the bottom of the river.

Ultimately, hours later, Amos' blood alcohol level was tested and estimated to have been above the legal limit at the time of the accident. He also tested positive for marijuana. The investigation determined that Amos drove into the river after missing a turn on a dirt road. Amos had a previous citation of reckless driving with alcohol on his record.

CLAIMED INJURIES
According to Plaintiff: Death.

CLAIMED DAMAGES
According to Plaintiff: Not reported.

SETTLEMENT DISCUSSIONS
According to Plaintiff: Not reported.

COMMENTS
According to Plaintiff: This case is unique in that the insurance company quickly settled the case against the adult who was trusted with the care of the teenager for policy limits.

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

Teenager Killed In Drunk Driving Accident, Part 1 of 2

Wed, 02 May 2012 08:40:42 -0800

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

FACTS/CONTENTIONS
According to Plaintiff: Decedent Mark Leslie, age 13, was left in the care of a trusted family friend, Rem Sellis, who allowed the child to ride in a vehicle driven by a drunk driver while on a summer fishing trip to Somewhere, CA.

Decedent's parents, plaintiffs Leanor and Evan Leslie, alleged that defendant knowingly allowed an acquaintance, Derrek Amos, to drive the youth even though defendant knew Amos had been drinking heavily. Amos' car ended up in the River on the near Sacramento, drowning Mark, who was later found in the submerged vehicle still strapped in his seatbelt. Amos escaped from the submerged vehicle, saving his own life.

Amos was sentenced to four years in prison after pleading guilty to negligent homicide, driving under the influence, and failure to insure his vehicle. Because Amos had no insurance and defendant was trusted to care for decedent while on vacation, plaintiffs' attorney sued defendant for wrongful death.

According to State Troopers, defendant and his group (including Amos) were drinking on the banks of the River in the middle of the night at a “bonfire.” Defendant brought Mark to the late-night “bonfire party” instead of letting him sleep at the vacation home. When they left, defendant allowed Mark to ride with Amos who, minutes later, drove his vehicle straight into the River after missing a turn on the road. It took almost two hours before defendant's group called for help.

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

Two Teenagers Hit By Boat After Product Acts Defectively

Wed, 25 Apr 2012 08:37:33 -0800

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

INJURIES: Lydia alleged mild traumatic brain injury, which caused memory loss and problems with her focus and concentration; disc herniations at L4-L5 and L5-S1; chronic pain syndrome; and emotional distress.

FACTS/CONTENTIONS
According to court records: On August 25, 2004, defendants Jane and Samantha Berlin rented a boat and inner-tubes from plaintiff ABC Boat Rentals. The towline of the inner-tube became caught in the steering mechanism of the boat, the cable that triggered the forward and reverse gears was damaged, and the fuel line was broken, leaving the boat unable to be steered. When the boat's throttle handle was shifted into “forward,” the boat banked sharply to the left. The boat continued to circle uncontrollably and struck defendants as they attempted to lunge from the inner-tube. Both teenagers were struck by the boat, but Jane was caught in the rapidly spinning propeller.

Following an open-water rescue, Jane Berlin was brought to UCSD Medical Center and emergently admitted.

Plaintiff filed a lawsuit seeking to exonerate or limit its liability because Amy Berlin rearranged the towlines on the vessel from the “Y” arrangement installed by plaintiff.
Defendants claimed that plaintiff never instructed them on how to attach the towlines and that the towlines were never arranged in a “Y” formation.

CLAIMED INJURIES
According to court records:
Jane Berlin: Skull fracture; teeth; jaw fracture; shoulder fracture; neck fracture; neck lacerations; shoulder lacerations; arm lacerations; traumatic brain injuries; post-traumatic stress disorder; headaches; emotional distress. Samantha Berlin: Leg and foot bruising.

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

Young Girl Injured in Boating Accident Claims Defective Product

Wed, 18 Apr 2012 08:33:15 -0800

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

Facts:
On Aug. 20, 2005, plaintiff Lydia Harris, 15, a student, was involved in a boating accident in El Dorado County.

Lydia was attending a weeklong retreat at a lake through her church. At the time of the accident, Lydia and another girl were being pulled by a boat on a Manta Ray, which is an inflatable device shaped like the eponymous sea creature that is designed to be pulled on the water's surface and to fly above the water's surface when the boat achieves a certain speed. Hansen fell off the Manta Ray when it flew above the water's surface unexpectedly, causing her to fall into the water.

The church's youth pastor, Kirk Oven, owned the Manta Ray and decided to use it at the retreat without teaching the youths how to use it. According to the plaintiff, the boat's driver, Ted Erik, appeared to be inattentive to the environmental conditions and the girls on the Manta Ray.

Through a guardian ad litem, Lydia sued and then settled with the church and three church representatives for $275,000.

Lydia sued Sevylor Inc. -- which designed, manufactured and sold the Manta Ray -- alleging products liability. She charged that the Manta Ray was designed defectively and that it included insufficient warnings. She claimed that the design caused the product to be susceptible to unexpected and dangerous movements from environmental and driving conditions. She contended that the warnings did not notify the user of potential hazards resulting from environmental and driving conditions.

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

Sacramento Bus Driver Is Negligent With Passenger, Causing Severe Injury, Part 2 of 2

Mon, 09 Apr 2012 14:12:44 -0800

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

Three months after she fell on the bus, the plaintiff recognized that her injury wasn't healing properly and sought treatment. The plaintiff's wound was surgically repaired, but her surgeon determined that the skin in the affected area was so thin and caused so much pain, that she needed to undergo an amputation.

Plaintiff's counsel asserted that the plaintiff had enjoyed five consecutive, asymptomatic years immediately before the bus accident, and that the osteomyelitis recurrence, ulcer and subsequent amputation all resulted from the fall.

Plaintiff's counsel argued that the plaintiff would require a new prosthetic leg every two years and pain management therapy, and that she would need a wheelchair and would have to reduce her work schedule to 20 hours per week.

The plaintiff sought about $1 million in economic damages, including about $750,000 for future medical care, plus unspecified damages for past and future pain and suffering.
ABC Transit argued that the fall on the bus wasn't the reason the plaintiff needed the amputation. Counsel contended the plaintiff's leg would have been amputated anyway due to the extensive injury and surgery in the affected location.

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

Woman Slips and Falls on Bus Ultimately Causing Amputation of Ankle, Part 1 of 2

Mon, 02 Apr 2012 14:10:57 -0800

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

INJURIES: Years before the bus accident, the plaintiff's left ankle was crushed in a car accident. The injuries sustained in that accident caused the plaintiff to develop osteomyelitis, which required multiple general and plastic surgeries to treat, the end result of which was a very thin veil of skin on the plaintiff's left ankle.

Facts:
On Sept. 1, 2005, the plaintiff, a computer programmer, boarded an Sacramento County Transit bus in downtown Sacramento, and proceeded to take the first available seat, along a row of four seats which were designated for disabled passengers. As the plaintiff held the handrail and attempted to sit down, the bus accelerated and departed the bus stop. The plaintiff fell.

The plaintiff sued ABC Transit, contending that the driver failed to allow the disabled plaintiff enough time to get seated before he drove away from the bus stop.

ABC transit argued that it couldn't be held liable because the plaintiff didn't present a disabled bus pass to the driver. Counsel argued that, since the bus driver didn't know the plaintiff was disabled, he wasn't required to wait for her to be seated before accelerating the vehicle.

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

Woman Suffers Facial Fracture and Injuries After Slip and Fall, Part 2 of 2

Mon, 26 Mar 2012 14:09:41 -0800

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

Leanas further said that the city was aware of the need for visual cueing in the stair design, as it was required in the building code. The city architect designed nose striping into the carpet detail, but the stripes were missing on every third step, and the distance between the stripe and the step's edge -- or nose -- varied.
The defense denied liability, contending that the second tier stairs met code requirements. The defense also claimed that the railing system design was the only practical way to install handrails in the symphony setting.

Golden State also contended that its work, done 14 years earlier, fully conformed to all requirements at the time of installation.

The carpet installers argued that the carpet's nose striping was uniform in the area where Leana fell.

The defense claimed that Leana's fall was caused by dizziness from the concussion she had sustained in the car accident the day before.

She alleged sleep apnea from the crash.

Leana claimed past medical expenses of about $28,000 and future medical expenses of about $58,000. She also sought damages for pain and suffering.

Ernie sought damages for loss of consortium.

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

Slip and Fall Occurring in Symphony Hall Results in Personal Injury Lawsuit, Part 1 of 2

Mon, 19 Mar 2012 14:03:14 -0800

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

INJURIES: Leana was taken via ambulance to a hospital, where she was diagnosed with fractures to her facial bones, a sprained left wrist and post-concussion syndrome.
Facts:

On Jan. 22, 2006, plaintiff Natasha Leana, 77, a retired otolaryngologist, was looking for her seat in the darkened second tier at a San Francisco Symphony facility. She tripped, pitched forward, and fell, tumbling down several steps and landing on her face.

Her husband, plaintiff Ernie Leana, 77, a retired family physician, was present at the time.

The day before her fall at the symphony, Leana was in a car accident in which she sustained a mild concussion and soft-tissue injuries to her neck and shoulder.

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

Sacramento Personal Injury Case Results After School Is Negligent in Treating Injury, Part 2 of 2

Thu, 08 Mar 2012 07:53:21 -0800

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

The Def. denied these allegations and argued that its action had been prompt and in accord with what other school districts had been doing at that time. Plffs' expert neurologists opined that based on the degree of injury, she was without adequate profusion of oxygen for a period in excess of 12-15 minutes. The Def. contended that the time period was much shorter. The Def.'s expert also maintained that there was no way to medically determine what the degree of injury would have been had more prompt action occurred.

The Def. filed a Frye motion to dismiss the case arguing that Plffs' experts' opinions were not based on generally accepted scientific principals. The motion was denied by the Honorable Curt Momo.

The lawsuit had originally been filed against the Sacramento School District in December, 1998. Plffs were originally represented by different counsel. After discovery, Plffs entered into a settlement with counsel for the District for the amount of $600,000. The Curtis’ objected to the settlement pointing out that they had not consented to the amount, did not agree to settle for that amount and that it made no sense for Curtis's needs. On July 14, 2006, the Court initially approved the settlement. Subsequently, the Crawfords retained attorney to help them set the settlement aside.

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

Young Girl Suffers Permanent Brain Damage After School Delays Treatment, Part 1 of 2

Thu, 01 Mar 2012 07:51:19 -0800

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

TEXT:
10/15/96 - Plff, female age 13, student at Sacramento Middle School. This case arises from an incident when Plff Curtis collapsed forward onto her face on the gravel track while running a timed mile on a remote athletic field, went into ventricular fibrillation and sudden cardiac arrest. Fellow middle school students witnessed Curtis's collapse, noted that Curtis's eyes were rolled back in her head and she was not breathing. No communications devices were present on the remote athletic field and the instructor did not know what to do.

Two 13-year-old students then ran to an adjacent field to try to summon assistance. After speaking to a teacher on the adjacent field, they ran from there, to the school office. After some discussion with the office staff, a call for medical assistance was finally made.

Curtis was revived by paramedics and taken to the hospital where it was determined that she had suffered permanent brain damage. Investigation into the incident afterwards raised questions regarding actions taken by the school, the amount of time it took to initiate CPR and to summon assistance, and the absence of an emergency action plan so that staff would know how to react and do so in a manner in which precious time was not lost.

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

Car Runs Stop Sign in Sacramento Resulting in Multi-Million Dollar Lawsuit, Part 2 of 2

Thu, 23 Feb 2012 07:49:57 -0800

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

CLAIMED INJURIES
According to Plaintiff: After the accident, plaintiff complained of a head laceration, neck pain, right flank and hip pain and bruising, right shoulder pain, back pain, and a possible loss of consciousness. He was taken to an emergency room. Initial x-rays of his right hip found no fracture; however, due to persistent pain, an MRI was performed, which revealed acute fractures of the right sacral ala, superior and inferior rami, and public fractures. A CT scan of his head was reported to show no acute findings. He was diagnosed with right sacral and pelvic fractures and lumbar and sacral tenderness. On August 3, 2008, plaintiff reported feeling numbness in his left leg. An examination found palpable tenderness in the right groin over the ramus and in the posterior right sacral region. On August 6, 2008, he was examined by another doctor and he reported continued morning headaches. X-rays of his right ribs taken on August 10, 2008 revealed a non-displaced fracture of the anterior segment of the eighth rib. By September 3, 2008, plaintiff's headaches were becoming more severe, with confusion, altered mental status, blurred vision, lower extremity tremors, and numbness. A CT scan revealed a 2.5 cm hematoma on the left cerebral hemisphere and midline shift. He was admitted to a hospital, and burr holes were done for drainage. The following day, a CT scan found more hemorrhage and a craniotomy was performed. He was discharged on September 14, 2008. Plaintiff was subsequently diagnosed with disc bulges at L3-L4 and L4-L5, severe spinal stenosis at L4-L5, and L5-S1 facet hypertrophy. He underwent physical therapy from April 14, 2009 until May 25, 2009, and he underwent an epidural injection on January 14, 2010. He underwent a surgery at L4-L5. Plaintiff claimed that he had cognitive deficits and experiences memory loss, confusion, and right arm tremor. Plaintiff's counsel argued that plaintiff's relationship with his wife and his quality of life had been affected by his injuries. He suffers from depression and a personality change, with him being more aggressive and argumentative with a shorter temper. Plaintiff's counsel argued that this was an effect of the closed-head injury. Defense counsel disputed the traumatic brain injury claims and the need for back surgery.

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

Sacramento Auto Accident Results in Catastrophic Injuries, Part 1 of 2

Thu, 16 Feb 2012 07:46:34 -0800

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

CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: In June 2008, plaintiff Matt Marrion, a 74-year-old farmer, was driving a truck southbound on El Dorado Hills Avenue when he came to a stop at the intersection with Grass Valley Avenue and then began to proceed through the intersection. He was struck by a truck driven by defendant Rod Martinez, who was traveling eastbound on Grass Valley Avenue making a delivery for his employer, Interstate Services, to ABC Logistics Services Inc. Martinez did not stop at a stop sign at the intersection.

Plaintiff sued Martinez, his employer, Interstate, and ABC Logistics, alleging that Martinez was negligent in the operation of the vehicle, while Interstate and ABC were vicariously liable. Defendants filed a cross-complaint against Jerry Mann for indemnification and apportionment of fault.

Plaintiff's counsel argued that Martinez was not paying attention and was speaking to his assistant at the time of the accident. Plaintiff's counsel argued that plaintiff stopped, looked both ways, and then proceeded into the intersection at 5 mph.

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

Man Severely Injured When Sacramento Doctors Failed To Provide a Proper Diagnsis, Part 2 of 2

Wed, 25 Jan 2012 07:54:21 -0800

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

Plaintiff's physicians took him back to surgery on September. 2, for thecal decompression and exploratory surgery. After the decompression of the fluid collection, he was discharged home approximately two weeks later, with minimal improvement in his condition. In mid-October, Plaintiff was seen by a neurosurgeon and diagnosed with bilateral lower extremity saddle paresthesia, penile/scrotum anesthesia, urinary and fecal incontinence, paresthesia lateral and posterior aspects of both legs and pedal and lower extremity edema. He was told that the symptoms have been present for so long that the damage was permanent.

A further evaluation was performed on January 13, 2008, in Sacramento. Plaintiff was diagnosed with cauda equina syndrome and chronic pain syndrome due to cauda equina compression by post-operative fluid following the August 19, 2006 spine surgery. The physician noted that Plaintiff manifested the symptoms of cauda equina syndrome nearly immediately after surgery. The doctor stated when cauda equina symptoms are present, the standard of care requires it to be addressed expeditiously as an emergency.

Plaintiff and his wife sued the United States (which runs the VA hospitals). They claimed that post-operative changes were symptoms of cauda equina syndrome, which is an emergency requiring prompt surgical intervention to reduce pressure on the cauda equina nerves. Further, they argued that the U.S. government health care providers were negligent in failing to timely respond to his post-operative cauda equina syndrome by decompressing the nerves in a timely manner.

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

Delayed Diagnosis Causes Serious Damages in Sacramento Personal Injury Case, Part 1 of 2

Wed, 18 Jan 2012 07:52:41 -0800

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

INJURIES: Plaintiff claimed he sustained cauda equina syndrome, chronic pain syndrome, loss of a leg due to amputation, bowel/bladder incontinence, and loss of sexual function. He said he suffers from intense pain on a daily basis and continues to have decreased sensation of lower extremities described as a “dead” leg below the knee. He uses a walker to ambulate short distances, cannot walk on his own and cannot drive.

Facts:
In August 2006, Plaintiff, 64, a retiree, presented to the ABC Hospital complaining of lower back pain and left leg pain, which he said was worse with activity. A decision was made to perform an L4-5 and L5-S1 laminectomy with transforaminal lumbar interbody fusion at L4-5. A preoperative examination of Plaintiff revealed no weakness with, and he did not have problems with, bowel function, urination or sexual function or any difficulty walking.

On August 19, Plaintiff underwent the recommended back surgery. The next day, a nurse noted that Plaintiff complained of numbness in the scrotum, inability to feel sensation and a dull sensation in his right leg. The symptoms persisted and worsened. By that evening,

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

Sacramento Injury in Dirt Bike Accident Results in Quadriplegia, Part 2 of 2

Wed, 11 Jan 2012 07:51:21 -0800

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

Plaintiff made a claim for subluxation of his C7-8 vertebrae leaving him an incomplete quadriplegia from nipples down, acute respiratory distress syndrome, leukocytosis, thrombocytosis, dysphagia, polydipsia, anxiety, nyponatremia, hypokalemia, acute renal failure, post-trauma pulmonary insufficiency, hyposmolality, pneumonia, post hemorrhagic anemia, constipation, neuogenic bladder and bowel, abnormal glucose, cardiac dysrhythmias and autonomic dysreflexia, hyperglycemia, C3-C4 and C4-C5 disc protrusion, UTIs, insomnia, depression, blisters and ulcers, $947,000 in past medical expenses, $2 million to 5 million in future medical expenses, $120,000 in past lost income, $1.7 million in future lost wages, reduced life expectancy and lost enjoyment of life.

Plaintiff's mother made a claim for loss of her son's consortium. She asserted Plaintiff visited her regularly and maintained her home. She sought $107,000 for loss of household services.

The plaintiffs sought judgment, individually, for general and special damages.

The State of California alleged Plaintiff was comparatively negligent by failing to see the cable and by speeding.

According to plaintiff attorneys, Plaintiff and Mother offered to settle for $5,499,000.

The parties entered mediation proceedings September 25, 2011 and reached a $5,000,000 settlement. Joint Legislative Committee approval was obtained. November 6, 2011.

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