Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
As a result of the Incident, Mr. White suffered from and continues to suffer from various injuries and damages, including, but not limited to, nerve damage down his right shoulder and arm, a partially torn left anterior cruciate ligament, and ongoing meniscus damage in his left knee. (The meniscus is a crescent-shaped cartilage pad between the two joints formed by the femur (the thigh bone) and the tibia (the shin bone).)
Plaintiff already underwent one surgery on his left knee due to his injuries, and his treating orthopedic surgeon opines that Eli, at a minimum, will need ongoing, lifetime care for his knee, will suffer from early onset arthritis, and will need a total knee replacement in his lifetime. Moreover, the nerve damage in his right shoulder and arm is permanent. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Before this Incident, Mr. White was involved in three minor motor vehicle incidents. On or around August 11, 1998, Mr. White ran over a tire in his car. He was seen at University Hospital and diagnosed with a neck and back sprain. (See Declaration of Paul Jones.) On November 14, 2001, Mr. White was rear-ended in his car and felt pain to his left shoulder and lower back. (Jones Decl.) On July 24, 2005, to avoid an accident with a motor vehicle. Mr. White slid off his motorcycle and cut his right hand and bruised his right knee. Id. None of these accidents injured his left knee and/or right arm and shoulder, which are the body parts and injuries at issue in this action.
On May 5, 2009, Mr. White underwent a defense medical examination by Defendants’ expert, Michael Brown, M.D. In his report, Dr. Brown claims that Plaintiff “denies any previous motor vehicle accidents.” Id., Exh. 5 at p. 3, 23.
However, in the report Dr. Brown did not opine that any prior accident was a substantial factor in causing his alleged accident injuries and, in fact, stated that it is hard to say if Mr. White’s prior 2005 motorcycle accident caused his current ACL tear. Id., Exh. 5 at p. 21. Additionally, Dr. Brown stated that the meniscus damage was degenerative, meaning, the prior motor vehicle incidents could not have played a part in causing the damage. Id., Exh. 5 at p. 21.
Defendant’s neurology expert, Donald Smith, M.D., similarly did not opine that any prior accident was a substantial factor in causing the injuries at issue in this litigation. Id., Exh. 11.
In deposition on May 6, 2009, Mr. White was asked whether he had been in any prior motorcycle accidents, to which he replied “no.” Id., Exh. 6 at p. 15. (See Part 3 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.