Articles Posted in Car Accidents

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: Ms. Tulip severely injured her back, undergoing an anterior cervical discectomy, cervical fusion and cervical plating at C5-6.

Facts:

On May 27, 2004, plaintiff Janice Tulip, 40s, a certified Bowen therapist, was driving a station wagon eastbound on Sunset Avenue in Fair Oaks. Her children–Brittney, age 17; and Sam, age 14–were passengers in the back. At the Hazel Avenue intersection, Ms. Tulip stopped to make a right turn, and was rear-ended by a sedan driven by Herman Young.

Claiming physical damages, the Tulips sued Young for motor vehicle negligence.

Young admitted liability for purposes of arbitration.

Brittney sustained soft-tissue injuries to her neck and back. She treated 25 times with a chiropractor and had no residuals.

Sam suffered severe pain in his lower back and neck and headaches. Treating chiropractor Dan Ernie diagnosed cervical sprain, and he underwent 27 chiropractic sessions. At trial, Sam claimed residual pain, saying that he would need 40 Bowen treatments from his mother.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit 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 personal injury lawsuit and its proceedings.)

INJURIES: German alleged a mild traumatic brain injury and cognitive deficits. After the accident, he was taken to an emergency room. The paramedic report and ER records indicated that there was no loss of consciousness and that neurological exams were normal. A CT scan of his brain 72 hours after the accident was normal with no signs of bleeding, swelling or bruising. German returned to school and took the California High School Exit Examination within 72 hours of the accident.

Facts:

On May 8, 2005, plaintiff Sal German, 17, a high school student, was a passenger in a sport utility vehicle that was riding on Avenue K in Sacramento. The SUV was struck head-on by a car operated by allegedly drunk driver Devon Boon, who lost control of the vehicle as he came around a curve in the road.

German, who was no longer a minor at trial, sued Boon and Boon’s employer, the owner of the vehicle, for motor vehicle negligence.

The employer settled before trial for $8,186,000, and the case proceeded against Boon.

Prior to trial, Boon pled not guilty to drinking and driving charges, and claimed that a defective brake pedal in the vehicle and a dangerous curve on the road caused the collision.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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: Two years after the accident, Gertrude underwent a C4-5 and C5-6 fusion surgery.

Facts:

On May 11, 2004, plaintiff Harriet Gertrude, 40, a former computer program manager who was unemployed at the time, was driving a sedan westbound on the inside lane of a traffic circle in Sacramento, CA. Stuart Heinsman was driving a compact car southbound. He entered the traffic circle after passing a yield sign, and the front left of Heinsman’s auto struck the front right of Gertrude’s auto.

Claiming physical damages, Gertrude sued Heinsman for motor vehicle negligence.

Gertrude claimed that Heinsman failed to yield at the yield sign.

Gertrude later underwent a carpal tunnel release to her right wrist and ulnar nerve transposition to her right elbow.

Gertrude claimed that her surgery and other procedures resulted directly from the car accident, claiming medical specials of $70,000.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit 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 personal injury lawsuit and its proceedings.)

INJURIES: William sustained serious fractures to both feet and injuries to his back and neck. He was transported by paramedics to the hospital. He was immobilized for over three months and his initial recovery took a year. After three complicated foot surgeries performed in 2003, he attempted to return to work as a truck driver, but claimed that he couldn’t due to foot, back and neck injuries, as well as depression and other emotional problems.

Facts:

On April 20, 2003, plaintiff Trevor William, a 43-year-old truck driver, was driving his pickup near Sacramento when Kim Silver, driving an SUV, struck him head-on. Patricia Heather, who was driving behind William, then struck his pickup also.

All three vehicles were totaled.

William sued Silver and Heather for negligent operation of their motor vehicles.

He claimed that Silver was intoxicated. He contended that Heather broadsided his truck due to inattention, tailgating and use of her cell phone.

Heather claimed that she swerved to the right to avoid the main collision and hit the bed of William’s pick-up as they both came to a stop on the dirt shoulder.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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: Graves was taken from the scene of the accident via ambulance to Sacramento General Hospital. She was diagnosed with a cervical strain and mild closed head injury. Phillip Zelda did not have any emergency medical treatment.

Facts:

On Dec. 26, 2003, plaintiffs Leslie Graves, 63, retired, and Phillip Zelda, 64, also retired, were passengers in an SUV driven by their son, Brian Zelda, traveling on 19th Avenue in Sacramento directly in front of a van driven by Mitchell Burt. Fran Wallas was driving an SUV in front of Zelda’ vehicle. Wallas stopped suddenly at the intersection when she became confused as to the color of the traffic signal controlling her lane of travel. Brian Zelda was able to stop in time, but Burt was not. His van struck Zelda’ SUV, pushing it into Wallas’s. Phillip Zelda and Graves claimed that they sustained strains and sprains in the accident.

Phillip Zelda and Graves sued Burt and the owner of the van he was driving, Linda Burt. They alleged that Mitchell Burt was negligent in the operation of a motor vehicle and that Linda Burt was vicariously liable for his actions.

Zelda and Graves claimed that Mitchell Burt’s inattention and failure to keep a safe distance behind their son’s vehicle was the sole proximate cause of the accident.

The Burts argued that the accident was caused by the negligence of Wallas, who was not a party in the lawsuit. They further contended that no evidence was presented on behalf of Zelda or Graves to establish negligence on the part of Matthew Burt. They argued that but for the negligence of Wallas the accident never would have occurred, and that the accident was unavoidable on the part of Mitchell Burt.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit 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 personal injury lawsuit and its proceedings.)

INJURIES: Adam and Gillian both complained of neck and back pain after the accident, and went to an urgent care center later that day. Both proceeded with conservative care with physical therapists and chiropractors.

Facts:

On Jan. 8, 2002, plaintiffs’ decedent Adam Oliver, 41, a self-employed marketer of promotional materials, was driving a car with his daughter, plaintiff Gillian Oliver, riding as a passenger. They were rear-ended by a California Department of Transportation pickup truck on Shaw Avenue, near its intersection with West Avenue in Fresno.

Adam eventually underwent a lumbar discectomy fusion to remedy his injuries, and then accidentally died from an overdose of painkillers.

Adam’s widow Janice, individually and as successor-in-interest to Adam and Gillian, sued Caltrans, claiming that the agency was entirely at fault for the accident. They also claimed that Adam had been slowing for traffic when he was hit.

The plaintiffs further claimed that, since Adam would not have been taking pain medication if he had not been in the accident, Caltrans was responsible for his accidental death.

Caltrans admitted liability for the car accident, but disputed liability for Adam’s death.

Adam’s lower back pain did not resolve, but kept getting worse. He sought treatment from various specialists, and then underwent a three-level lumbar discectomy and fusion. During the fusion, there was a complication that caused nerve damage. The nerve damage caused Adam significant chronic post-operative pain in his back and legs, for which he was prescribed pain medications.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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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: Torrance sought care the following day. She claimed a life-changing injury to her lower back that developed into discitis at L5-S1. She underwent orthopedic medical treatment and chiropractic care and got MRIs and epidurals. She claimed in excess of $21,000 in medical specials.

Facts:

On March 5, 2004, plaintiff Martha Torrance, 30s, a sales representative, was driving a sedan southbound on Interstate 5 in Sacramento. Fred Rudolph was driving a utility truck in the same direction on the same roadway in the scope of his employment with California XYZ.

Torrance slowed down for traffic congestion, and was rear-ended by Rudolph.

Claiming physical damages, Torrance sued Rudolph, California XYZ and company president Jim Garron for motor vehicle negligence.

The defense admitted liability.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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