Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary 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 brain injury lawsuit and its proceedings.)
Summary of Facts:
Greg Barros was driving a semi/trailer north on Interstate 5 near Sacramento, CA., Jan. 30, 2009 at approximately 12:50 a.m. He reportedly pulled to the shoulder on the right-hand side of the road when his vehicle became disabled. The parking lights and the four-way flashers were allegedly on. Barros asserted he went between the semi and the trailer to retrieve emergency triangles. David Pinkers, operating a semi truck pulling two trailers owned by XYZ Inc., reportedly rear-ended Barros’s vehicle, causing it to strike him.
Barros claimed he sustained traumatic brain injury, left hemiparesis, injuries to the neck and lower back, and headaches as a result of the collision.
Barros filed a lawsuit against XYZ and Pinkers in the Sacramento County Superior Court. The plaintiff alleged Pinkers was negligent in failing to drive attentively.
The plaintiff also asserted XYZ permitted Pinkers to use the vehicle in the scope of his employment.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Barros sought damages of over $200,000 in medical expenses, pain and suffering, emotional distress, the inability to enjoy life, lost wages, and loss of future earning capacity.
Pinkers denied the plaintiff’s allegations and disputed the extent of the plaintiff’s alleged injuries. Barros allegedly slipped and fell on an embarkment and landed in soft thick grass. He asserted Barros was not seriously injured.
A jury returned a verdict Feb. 9, 2011. Jurors determined that Pinkers was negligent but his negligence was not a proximate cause of the plaintiff’s injury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.