(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)
From his own testimony, Choo froze, bringing his vehicle to a stop as it straddled the #2 lane (slow lane) on the Highway 160 westbound, directly in the path of travel of Black. Black then slammed on the brakes and tried to steer away from the vehicle in his path by turning his wheel to the right, skidding. Officer Black left two skid marks which are parallel. Black swerved and braked to avoid Choo’s Malibu, and he slammed directly into the side of Ms. Lee’s 1992 Toyota Camry.
The impact was so severe, it crushed the vehicle to the midline of the occupant compartment when she was struck at 30-40 m.p.h. (at impact). Only five inches of metal on the side of her vehicle stood between her and the oncoming battering ram of the front end of the police vehicle.
During the trial, both counsel stipulated to the fact that Ms. Lee was not in any way at fault for the collision. The stipulation of parties was read to the jury. The jury returned a verdict, determining that Officer Paul Black was 55% at fault for this collision and that Don Choo was 45% at fault for the cause of the collision. Defendant has not challenged this finding by way of Defendant’s Motion for Judgment Notwithstanding the Verdict.
As a result of the impact severity, Ms. Lee was knocked to the other side of the vehicle, despite her use of the passive restraint system within the vehicle. She was rendered unconscious and was in a coma for many days following the crash. She suffered a severe brain injury, cracked hip bones, a cracked skull and subdural hematoma, large lacerations on her head, a ruptured spleen, and many other related serious and life threatening injuries.
She spent the next two months, roughly, in hospitals and in rehabilitation. Eventually she endured gaping wounds in her buttocks leaving her disfigured. Further, testimony was given that showed Ms. Lee. was rendered permanently brain damaged by this collision. (See Part 3 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.