The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case 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 car accident lawsuit and its proceedings.)
INJURIES: Benjamin claimed to suffer soft-tissue strain to her neck and back and a torn rotator cuff. She testified that she recovered from the neck and back sprains within three months of the accident and later had surgery to repair her torn rotator cuff.
Facts:
On May 2, 2004, plaintiff Frances Benjamin, 61, a care provider to disabled adults, was driving her Jeep north in the left lane in Sacramento when she was sideswiped by Mary Pensis, who was driving a sedan. Benjamin claimed that she hurt her neck, back and shoulder in the accident.
Benjamin sued Pensis for vehicular negligence. Benjamin also sued Jane Avery, a co-owner of the sedan, but Avery was dismissed as there was no issue of permissive use or negligent entrustment.
Pensis admitted liability, explaining that as she was trying to change into the left lane she had a sneezing attack, causing her to lose control of her car and sideswipe the Benjamin’s vehicle.
Pensis admitted liability for the accident.
Benjamin claimed that she missed six months of work due to her injuries. She testified that she made about $1,600 a month as a caregiver.
Benjamin claimed that she incurred $23,900 in medical expenses, including $11,000 for the rotator cuff surgery, and $9,600 in lost wages. Including damages for pain and suffering, she sought a total of about $133,000.
In addition, Benjamin’s husband sought $25,000 for loss of consortium. He testified that he had to do the cooking and cleaning and help his wife with bathing and the toilet for at least six months, including three months after the surgery.
SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $11,840
The jury found in favor of the plaintiff, awarding her $11,840, but found in favor of the defense on her husband’s loss of consortium claim.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defense counsel conceded Frances Benjamin’s neck and back sprains in the opening statement. The torn rotator cuff was the only disputed injury.
Defense counsel introduced documents showing that Benjamin had filed a worker’s compensation claim for a shoulder injury ten years before the car accident.
Defense counsel contended that Benjamin was badly impeached with respect to her loss of earnings claim, since she testified during discovery that she lost two years worth of wages then represented in the opening statement that it was one year, then said it was six months from the stand.
Also, defense counsel contended that it was obvious that the husband’s loss of consortium claim was related to the shoulder injury and subsequent surgery.
SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $11,840
The jury found in favor of the plaintiff, awarding her $11,840, but found in favor of the defense on her husband’s loss of consortium claim.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.