(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)
Just before the collision, Black was traveling at a minimum of 58 miles per hour in a 35-miles-per- hour zone. By the time Martinez saw and appreciated the speed of the truck, she had already committed to her left turn. At the last moment, Black applied his brakes to no avail, and smashed into the rear passenger side quarter panel of the small Audi that Martinez was driving. The collision was violent, causing the Audi to spin counterclockwise. The truck drove up onto the sidewalk on the west side of Mission, knocking over both a fire hydrant and a palm tree.
Black was cited by for violating section 22350 of the Vehicle Code (speeding) and paid a fine.
Mr. Black was acting in the course and scope of his employment for his employer, Automotive Group, which is liable under the theory of respondent superior.
Alexa was sitting in the rear passenger position at the time of impact, and she suffered the full force of the direct hit by the defendants’ truck. As a result, Alexa sustained extensive facial and skull fractures, lacerations, hematomas and contusions. She was diagnosed with subarachnoid, intraventricular and intracerebral hemorrhages and contusions, respiratory failure requiring intubation, and she was bleeding from her right ear. She was unconscious and nonresponsive at the scene.
Alexa was transported via helicopter to Children’s Hospital of Sacramento (CHS) where she remained nonresponsive. She was admitted to the pediatric CU. She required mechanical ventilation and a feeding tube. She remained in the pediatric ICU until September 1, 2005, when she was transferred to acute rehabilitation at CHS. There, she was treated for multiple neurological deficits, including difficulty swallowing, poor balance, decreased mental awareness and cognition, left-sided paralysis, loss of language skills, and right hearing loss. Treatment for Alexa consisted of extensive physical and occupational therapy, orthotics, and social services. She was discharged on October 7, 2005, after spending 48 days as an in-patient at CHS.
Currently, Alexa, at 5 years of age, suffers significant consequences of her traumatic brain injury. These symptoms include: facial drooping, drooling, left-side weakness, unsteady gait, poor social development, frequent upper respiratory infections, language and speech deficits, cognitive disorder and hearing loss, and may other sequelae of this traumatic brain injury. (See Part 3 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.