Articles Posted in Car Accidents

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

Miranda Towing has also been named as a defendant and cross-defendant based upon its position as the employer of Mr. Brown. Liability may be imposed against Miranda Towing under the permissive-user statute (Cal. Vehicle Code § 17150) and/or as the principal or employer of a negligent operator under the doctrine of respondeat superior. (See Vind v. Asamblea Apostolica, Christo Jesus (1957) 148 Cal.App.2d 597, 602-604.)

With regard to Vehicle Code § 17150, that statute provides that owners of a motor vehicle may be held liable for injuries to person or property resulting from a negligent or wrongful act or omission in the operation of a motor vehicle by any person using or operating the same with the permission of the owner. However, such liability is limited to the amount of $15,000 for the injury to one person in any one accident. (Cal. Vehicle Code § 17153.)

DAMAGES
Plaintiff’s Claimed Injuries And His Extensive History Of Back, Neck, And Leg Pain
Plaintiff, who is 54-years-old, alleges he sustained injuries to his lower lumbar region and left leg as a result of the subject automobile collision. He claims he has pain down the left side of his leg to his foot, and pain in his left calf. He further claims he suffers tingling from his left knee to the bottom of his foot. He also complains of numbness on the bottom of his left foot.

Continue Reading ›

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

The investigating officer could not make a determination of which party was most at fault due to the lack of physical evidence or an independent witness. None of the parties were cited as a result of the accident. The traffic collision report notes the parties stated that the driver of a red pick-up truck may have been a witness to the incident. However, none of the parties obtained the witness’s contact information. Plaintiff confirmed during his deposition that he did not speak to the driver of the red pick-up truck after the vehicles pulled over following the multi-car collision.

Plaintiff commenced this action on September 9, 2005 by filing a complaint for personal injury damages against Mr. Lee, Paul Black, and Universal Market Service, Inc. Paul Black and Universal Market Service were named as the employers of Mr. Lee under a vicarious liability theory. Mr. White has filed Doe amendments to the complaint and named Mr. Brown and Miranda Towing.

On December 20, 2005, Mr. Lee, Paul Black, and Universal Market Service filed a cross-complaint for comparative indemnity and declaratory relief against Mr. Brown and Miranda Towing. An amendment to the cross-complaint named Miranda Towing.

On April 5, 2006, Miranda Towing and Mr. Brown answered the complaint and cross-complaint, and filed a cross-complaint for comparative fault, indemnity, and declaratory relief against Mr. Lee, Paul Black, and Universal Market Service.

Continue Reading ›

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

SUMMARY OF THE FACTS

This matter stems from a three-car accident which occurred on September 21, 2004 at approximately 9:30 a.m. on the eastbound side of the 5 freeway in the city of Sacramento. At the time of the accident, Jack Brown was driving alone in the course and scope of his employment with Miranda Towing in a 1993 Chevy tow truck. Mr. Brown was traveling in the number five of six lanes eastbound on the 5 freeway.

Tony Lee was alone in his 2002 Ford Ranger and was in the number four lane on the eastbound side of the 5 freeway. Plaintiff Milton White was alone in his 1979 Porsche and was in the number three lane on the eastbound side of the 5 freeway.

Mr. Brown was traveling in the number five lane at approximately 60 miles per hour when a large tractor trailer started merging into his lane from the right. In order to avoid the merging tractor trailer, Mr. Brown activated his turn signal and moved his vehicle into the number four lane, which was occupied by Mr. Lee’s Ford. Mr. Brown looked in his rear-view mirror and saw Mr. Lee’s Ford prior to making his lane change and there was plenty of room for him to move safely. After Mr. Brown merged into the number four lane, he watched Mr. Lee’s vehicle in his rear-view mirror.

Continue Reading ›

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

MIRANDA TOWING AND JACK BROWN’S TRIAL BRIEF
STATEMENT OF THE CASE

This lawsuit arises from a vehicular accident which occurred on September 21, 2004, at approximately 9:30 a.m. on the eastbound side of the 5 freeway in the city of Sacramento. The accident occurred when a Ford Ranger driven by defendant Tony Lee sideswiped a Porsche driven by plaintiff Milton White. Mr. Lee claims that he was cut off by a tow truck driven by Jack Brown which caused him to sideswipe plaintiff’s Porsche, although the tow truck did not strike either vehicle. Plaintiff has sued Mr. Lee and his employer(s): Paul Black and Universal Market Service, Inc., Mr. Brown and his employer, Miranda Towing, as defendants.

Mr. Brown is not responsible for causing the accident. The evidence shows that the subject accident was solely caused by Mr. Lee. Just prior to the collision, Mr. Brown activated his turn signal and safely moved his vehicle from the number five lane into the number four lane. Mr. Brown looked in his rear-view mirror and saw Mr. Lee’s Ford prior to making his lane change and there was plenty of room for him to move safely.

After Mr. Brown merged into the number four lane, he watched Mr. Lee’s vehicle in his rear-view mirror. Mr. Lee continued to approach the rear of Mr. Brown’s vehicle at a high rate of speed. As Mr. Lee reached the rear of Mr. Brown’s vehicle, Mr. Lee applied his brakes suddenly and swerved into the number three lane, striking plaintiff’s vehicle.

Continue Reading ›

(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.)

Past Medical Expenses:

Sacramento Fire Department $ 798.00
Children’s Hospital Sacramento $ 26,430.40
University Children’s Medical Group $ 1,724.07
Doug Walters, M.D. $ 238.00
Paul Smith, M.D. $ 1,960.00
Advanced Imaging $ 85.00
TOTAL PAST MEDICAL EXPENSES $ 31,235.47

Future Special Damages:

As can be seen from the attached Life Care plan, Amanda also has a myriad of future care needs. The cost of future medical care totals approximately 2.8 million dollars to 4 million dollars in an apartment living setting, and 8 million dollars to 9.1 million dollars in a supported living environment. Additionally, Amanda’s future loss of earning capacity totals approximately $488,753 to $1.7 million dollars depending on her educational level.

Maggie Smith
Maggie was located in the front passenger seat, fully seat-belted when the collision occurred. As a result of this violent crash, she sustained a cervical fracture at C-2 and rupture of the intraspinous ligament, which required HALO immobilization. She also sustained injuries to her shoulders and knees. Maggie is currently 53 years of age and will require a lifetime of medical care involving medications, diagnostic studies and arthroscopies of both shoulders.

Continue Reading ›

(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.)

Past Medical Expenses:

Sacramento City Fire Department $ 692.00
Childrens Hospital Sacramento $ 114,946.00
A. Cooper, M.D. $ 72.76
Sacramento County CCS $ 1,643.25
Freddie Segal $ 686.79
University Children’s Medical Group $ 16,566.67
TOTAL PAST MEDICAL EXPENSES: $ 134,607.40

Future Special Damages:

As can be seen from the Life Care plan, Alexa has a myriad of future care needs. The costs of such future care total approximately 10.9 million dollars to 11.7 million dollars. Additionally, Alexa will suffer 1 million dollars to 1.3 million dollars in lost earning capacity depending on her educational level.

Amanda April

Amanda was sitting in the rear driver’s side of the car. Amanda also suffered a traumatic brain injury and was diagnosed with a right transverse temporal skull fracture. She sustained loss of consciousness and amnesia. Amanda’s mental status deteriorated upon arrival via helicopter to CHS, where she was intubated. She exhibited altered mental status while at the hospital. Amanda was also diagnosed with a right clavicular fracture and a right 7th rib fracture. She was noted to have right ear hearing loss and had blood in her right ear canal.

Amanda has been diagnosed with global learning disability, language communication delay, attention deficit disorder, gross and fine motor skills disability, chronic intermittent cephalgia, and multiple additional neurocognitive deficits. (See Part 4 of 4.)

Continue Reading ›

(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.

DAMAGES
Alexa Martinez
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.

Continue Reading ›

(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.)

PLAINTIFFS’ TRIAL BRIEF
INTRODUCTION

On August 20, 2005, Tammy Martinez was driving her mother, Maggie Smith, and her two nieces, 19-month-old Alexa Martinez, and 5-year-old Amanda April, northbound on Mission Boulevard (Mission) in Sacramento. The weather was clear and sunny at the time of the accident. As Martinez approached the intersection of Mission and Hollis, she intended to turn left to go westbound. Mission is a two-lane, north/south street in a business district. Hollis is a residential street with one lane in either direction. The intersection is controlled by standard 3-phase lights. There are no left-turn pockets, or left-turn arrows. On this day, numerous pedestrians were walking in this business district, and vehicle traffic was moderate. The posted speed limit at the intersection is 35 mph.

Defendant Ralph Black was 18 years of age and was employed by Automotive Group as a used car salesman. He was in the process of selling a used Ford F-150 pickup truck to a customer. Black’s manager instructed him to take the pick-up and get it filled with gasoline while the sales contract was being drafted.

Continue Reading ›

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

On July 6, 2006, plaintiff presented to Lee M. Messi, M.D. for a neurosurgical consultation. Dr. Messi wrote a report. In the report, it is noted that plaintiff stated he was involved in an accident and that he had a sore body, but his neck was the main symptom of pain. Dr. Messi reviewed plaintiff’s MRI of his cervical spine and stated that the MRI shows “evidence for significant disc abnormalities at both C4-5 and C5-6.” At the C5-6 there is a disc osteophyte complex and narrowing of the AP diameter of the spinal canal to 8mm. In addition, there is some right side neuroforaminal narrowing and possible impingement of the right C6 nerve root. At the C4-5 there is a central disc protrusion narrowing the spinal canal approximately in 9mm. In general the space diameter of the canal appears to be quite compromised with an average diameter of 9mm even in the areas where there is no disc abnormalities.

Dr. Messi recommended cervical epidural blocks and if this approach did not work, plaintiff may be considered as a candidate for a two level anterior cervical diskectomy and fusion at C4-5 and C5-6.

SPECIAL DAMAGES

Plaintiff seeks medical expenses, wage loss, and general damages.

1. Past Medical Expenses:

Provider Dates Amount Charged Amount Reduced Hanif Number
Kate Brown, D.C. Feb 8, 2006 $514.13 $0.00 $514.13
MRI Feb 21, 2006 $1,695 $0.00 $1,695
Lee Messi, M.D. July 6, 2006 $750.00 $0.00 $750.00
TOTAL $2,959.13 $0.00 $2,959.13

Continue Reading ›

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)

On February 9, 2006, plaintiff returned to Dr. Brown with pain in his right arm and hand along with neck pain associated with the accident. Dr. Brown provided ultrasound treatment and myofascial release.

On February 14, 2006, plaintiff returned to Dr. Brown with pain in his neck which radiated to his right arm and hand. Dr. Brown referred plaintiff for an MRI at Advanced MRI of Sacramento.

On February 21, 2006, plaintiff had an MRI of his cervical spine at Sacramento Imaging Center which was read by Kenneth Dorham, M.D., who’s impression was:

1. Mild to moderate anterior extraduarl impressions at the C4-5 and C5-6 levels as described. At the C4-5 level this is due to a small central disc protrusion, and at the C5-6 level, this appears to be due to a moderate broad based disc osteophyte.

2. Right sided neural foraminal narrowing at the C5-6 level due to bony hypertrophic changes.

3. The cord has a generally flattened appearance throughout the cervical spine and the AP diameter of the canal even where the disc appear normal is less than 9mm. This is likely developmental in nature.

On March 2, 2006, plaintiff returned to Dr. Brown with neck pain radiating into his right arm. Chiropractic adjustments were administered.

On March 16, 2006 plaintiff returned to Dr. Brown with ongoing pain in his neck.

Plaintiff treated with Dr. Brown from February 8, 2006 to March 16, 2006 for a total of 5 visits.

Continue Reading ›