Car Accidents

Sacramento Teenager Hit By Big Rig Sues For Negligence, Part 1 of 2

February 7, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an 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 big rig accident lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: Plaintiff, age 14 at the time of the accident, was walking from his school to tutor a classmate in math. As plaintiff was walking to his friend’s house, Defendant was driving an ABC Construction Services Inc. dump truck weighing 80,000 lbs, hauling a trailer weighing 19,600 lbs, with a “street paver” of unknown weight loaded on the trailer. The combination dump truck/trailer was in excess of 55 feet in length. Defendant was traveling west on Cyprus Street, intending to turn north onto N. Fort Street in the City of Sacramento, California. Both Defendant and his employer, defendant John Sann of ABC, knew from actual experience driving at this particular intersection that the ABC dump truck/trailer combination could not make a northbound turn from westbound Cyprus Street onto northbound Fort Street without encroaching 6 feet into the oncoming southbound traffic lane of Fort Street.

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

Sacramento Car Accident Case Results In Cervical Injury and Million-Dollar Settlement, Part 2 of 2

February 1, 2012 | by Moseley Collins

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.)

The plaintiff had an assortment of pre-existing ailments and injuries dating back to the early 1990s, including neck pain and migraines, defense counsel noted. The plaintiff was also involved in at least two accidents prior to this incident, including one in 1999, when she hired an attorney and claimed cervical injury.

Woman Severely Injured in Sacramento Car Accident When Rear-Ended, Part 1 of 2

January 25, 2012 | by Moseley Collins

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: Several days after the accident, the plaintiff visited her general physician for neck pain. After an extended course of pain medications and physical therapy, an MRI revealed a herniation at L4-5. She underwent a laminectomy and cervical fusion more than a year after the accident.

Facts:

On December 14, 2008, the plaintiff, a nursing assistant, was stopped on ABC Avenue in Sacramento when her vehicle was struck from behind by a car driven by the defendant. The impact was approximately 10 mph, and the damage sustained by both cars was minimal. The police were not summoned.

The plaintiff sued the defendant for motor vehicle negligence.

The defendant did not test liability.

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

Sacramento Personal Injury Case Involves Collision Between Two Trucks, Part 3 of 3

January 18, 2012 | by Moseley Collins

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.)

CLAIMED INJURIES

According to Plaintiff: Severe head injuries as well as non-life threatening physical injuries; originally conscious after being airlifted to Sacramento County Medical Center; lapsed into vegetative state one week after brain surgery and lingered in that condition for 13 months before death.

CLAIMED DAMAGES

According to Plaintiff: $775,079 medical specials; $342,825 lost income and household services.

COMMENTS

According to Plaintiff: Initial evaluation of the case by accident reconstructionists concluded that it was impossible to tell in which lane the initial impact between Merry’s pickup and the Travis rig occurred. There was no question that the second impact between the pickup and the second ABC truck occurred in the westbound lane of traffic.

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

Sacramento Truck Accident Puts Man In Comma and Leads to Death, Part 2 of 3

January 11, 2012 | by Moseley Collins

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.)

Plaintiffs alleged that Travis’ testimony that the initial impact involved Merry’s pickup striking his cab behind the driver’s door demonstrated that he did not see the beginning of the accident because it did not account for the damage to the headlight, front quarter panel and front wheel of his cab. Human factors analysis demonstrated that Travis’ description of the accident—Merry’s pickup turning sharply, crossing the centerline and striking him behind the driver’s door–was contrary to anticipated driver behavior; drivers do not turn sharply into oncoming traffic. Plaintiffs alleged that the impact Travis described would not have resulted in the pickup moving from that impact into the path of the second truck.

Contrastingly, accident reconstruction established that what actually happened was that Travis allowed his rig to drift over the centerline. In response, Merry attempted to steer sharply to the right to avoid the oncoming truck but was struck by the front of the cab behind the driver’s door of the pickup, causing the pickup truck to then spin into the path of the oncoming second truck and trailer.

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

Sacramento Car Accident Victim Incurs Major Medical Expenses, Part 4 of 4

December 13, 2011 | by Moseley Collins

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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 automobile accident lawsuit and its proceedings.)

Ms. Johnson returned for a follow-up examination with Dr. Greene on March 17, 2009. She reported little improvement in her low back pain and continued to experience weakness and pain radiating into the right lower extremity. Dr. Greene recommended a lumbar discography from L1-2 through L5-S1 based on his review of her lumbar spine MRI and symptomatology. He further noted Ms. Johnson would be a candidate for surgical discectomy depending on the results of her lumbar discography.

On June 16, 2009, Ms. Johnson underwent lumbar discography which proved positive for 112 10/10 severe pain at L4-5 and positive for 8/10 concordant pain at L2-3. Ms. Johnson was then admitted for right percutaneous discectomy with automated nucleotome and pitutitary rongeur under fluoroscopic monitoring at L4-5.

As a direct and proximate result of the injuries that Ms. Johnson suffered due to defendant Black’s negligence, she incurred the following medical expenses:

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

Automobile Accident Victim From Sacramento Files Lawsuit For Spinal Injuries, Part 3 of 4

December 6, 2011 | by Moseley Collins

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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 automobile accident lawsuit and its proceedings.)

PLAINTIFF’S SPECIAL DAMAGES cont.

Ms. Johnson’s August 19, 2009 lumbar MRI revealed a 3mm right paracentral hernation at L1-2, 2mm annular bulge at L4-5, 3mm central/right paracentral contained hernation at L2-17 and abroad 2mm posterior herniation at L5-S1. Because of the persistent nature of Ms. Johnson’s symptoms, Dr. White referred her to orthopedic surgeon, Edward Long, M.D., and pain management specialist, Roy Greene, M.D., for further evaluation.

Ms. Johnson presented to Dr. Long on November 11, 2009, reporting increased back pain with radiation into her upper and lower extremities and continued headaches and vertigo. Examination revealed tenderness to palpation, decreased range of motion, diminished sensation in the right L5-S 1 dermatome, and positive straight leg test. He diagnosed Ms. Johnson with cervical strain and right lumher radiculitis.

Treatment recomendations following examination included lumber epidural steroid injections and possible lumbar discography.

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

Car Accident Leaves Sacramento Woman With Catastrophic Back Injuries, Part 2 of 4

November 30, 2011 | by Moseley Collins

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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 automobile accident lawsuit and its proceedings.)

PLAINTIFF’S SPECIAL DAMAGES cont.

Ms. Johnson continued her chiropractic care with Michael White, D.C. at Valley Chiropractic on May 14, 2009. Ms. Johnson presented at that time with worsening neck and back pain with radiation into her shoulders and arms. She also complained of daily headaches, jaw pain, vertigo, and difficulty sleeping. Examination of her cervical spine revealed discomfort and tenderness to palpitation at C1-C7. Dr. White noted the presence of trigger points in the upper trapezius, myofascial sternocleidomastoid muscles and suboccinpitl areas. Examination of Ms. Johnson’s thoracic spine revealed tenderness to palpitation at T1-T12 and trigger points in the erector spinae muscles, and myofascial triggers points of the trapezius bilaterally. Spurlings and Soto Hall tests produced positive results. Ms. Johnson’s lumbar spine examination revleaed spasm of the erector spinae bilaterally, tenderness at L1 through L5 and S1. Straight leg test was positive in both right and left legs, Braggards sign test was positive bilaterally, and Patrick-Fabre test was positive on the left and right.

Dr. White diagnosed Ms. Johnson with a concussion, cervical sprain/strain injuries with somatic dysfunction, thoracic sprain strain with dysfunction, lumbar sprain/strain injuries with ligament instability, rotator cuff sprain/strain, medial epicondylitis, and vertigo/dizziness. He recommended chiropractic manipulation and physiotherapy in the form of heat and electrical stimulation.

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

Sacramento Woman Severely Injured In Car Accident, Part 1 of 4

November 22, 2011 | by Moseley Collins

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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 automobile accident lawsuit and its proceedings.)

PLAINTIFF’S TRIAL BRIEF
PARTIES

Plaintiff Monica Johnson is represented by the XYZ Law Group. Defendants Theresa Black and James Black are represented by ABC Law Group.

BRIEF STATEMENT OF FACTS

This action arises out of injuries that Monica Johnson suffered in an automobile vs. automobile accident that occurred on March 31, 2009. At the time of the accident, Ms. Johnson was driving her 1998 Toyota Camry eastbound on Highway 50 just east of Watt Avenue in the city of Sacramento, California. Defendant, James Black was driving his 2007 BMW X-5, failed to stop for traffic and struck Ms. Johnson’s vehicle from behind in a heavy impact. A copy of the Traffic Collision Report is attached hereto and it indicates Mr. Black was clearly at fault. Ms. Johnson’s vehicle was totaled as a result of the accident. Photographs of the damage to Ms. Johnson’s Camry and a copy of the repair estimate are attached.

PLAINTIFF’S CONTENTION

Liability is not an issue.

PLAINTIFF’S SPECIAL DAMAGES

Despite being properly restrained, Ms. Johnson struck her head on the interior of the vehicle during the accident and experienced neck and back pain.

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

Sacramento Woman Suffers Head Injuries In Car Accident, Part 4 of 4

October 31, 2011 | by Moseley Collins

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing 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.)

Disputed Costs for Frank Yung, Ph.D.:

1. $95.00 for advanced costs
2. $12,223.75 for apparently 31.75 hours at $385 per hour

Number (1) above addresses costs advanced to Frank Yung, Ph.D. Plaintiff is unsure what this advanced cost is, or what it was for. Without some description and or justification of this cost, Plaintiff refuses to pay for it.

As to number (2) above, the deposition of Frank Yung, Ph.D. stated that he only had put in 4 1/2 hours on his review and consultation in this case. Plaintiff was not made aware of these extra hours spent in review or examination of the Plaintiff. Frank Yung is now trying to charge $12,223.75 for unaccounted for time as well as testing that he didn’t administer. Frank Yung, Ph.D. stated that he was in the other room working on other things when the Plaintiff was completing her diagnostic testing. In fact, his face time with the plaintiff admittedly was only 2 1/2 to 3 hours. His review of the records consisted of scanning medical records in (by his assistant) and a 90-minute review. Based on his testimony it is hard to fathom how Frank Yung could have spent the claimed 31.75 hours of review and consultation on this case.

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