Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this traumatic brain injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(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.)
ADDITIONAL ALLEGATIONS OF MALICE – DESPICABLE CONDUCT WHICH IS CARRIED ON BY DR. BROWN WITH THE WILLFUL AND CONSCIOUS DISREGARD OF THE RIGHTS OR SAFETY OF OTHERS
Plaintiff specifically pled additional facts – not conclusions – supporting the allegations of malice. For instance, in Paragraph 29, the following facts were pled:
29. Defendant Melissa Brown, M.D., failed to use reasonable care while negligently, wantonly and recklessly driving the subject vehicle east on University.
Defendant Melissa Brown, M.D., fell asleep while driving and drove the subject vehicle up and onto the raised sidewalk and struck the pedestrian Plaintiff from behind.
Plaintiff flew violently onto the hood and smashed into the windshield, then up onto the roof. He was carried approximately 59 feet east before being thrown off the top of the vehicle. Defendant Melissa Brown, M.D., then dragged Plaintiff approximately 38 feet where she ultimately ran over him while still asleep.
Witnesses at the accident site described Defendant Melissa Brown, M.D., as being dazed and confused, and acting like a spectator who did not understand what was going on.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant Melissa Brown, M.D., failed to use reasonable care appropriate to avoid driving on public roads, streets and highways in a sleep-deprived and fatigued state and acted wantonly and recklessly at the time of the incident. (emphasis added.)
In Paragraphs 34 and 35, Plaintiff pled the litany of state motor vehicle laws that Defendant violated at the time of the incident:
34. At the time of the subject accident, Defendant Melissa Brown, M.D., was subject to laws governing the operation of a motor vehicle on a public roadway.Among other laws, 13 C.C.R. 1214 and Cal. Veh. Code §§ 21209, 21663, 21952 & 22107 were in effect. (See Part 4 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.