Personal Injury Lawyer Blog

Former Employee Prevails On Claims Of Sexual Harassment and Assault, Part 1 of 2

June 25, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment 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 note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

FACTS/CONTENTIONS

According to court records: Plaintiff Erin Talin said she began working as a salesperson for defendant “ABC”, a legal document copying service, in January 2005. Plaintiff was hired by Mike and Barron Curtis, defendant Matt Curtis’s brother and father, respectively.

Plaintiff alleged that after beginning work at defendant ABC, she was subjected to sexual harassment by male employees in the company, including defendant Curtis. Plaintiff said defendant Curtis and other male employees commonly used lewd and derogatory words with sexual connotations in the workplace.

In January 2006, defendant ABC assigned plaintiff to share a room with another manager while attending a sales convention. Plaintiff said she had to sleep on a cot and that the manager brought a client to the room while plaintiff was trying to sleep and proceeded to engage in sexual activity with the client. Plaintiff said she reported the incident to Mike Curtis, who took no disciplinary action. Plaintiff also reported the incident to defendant Curtis, telling him she no longer wanted to share rooms, to which he replied it was “not an option.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Negligent delivery results in brachial plexus paralysis for infant in Sacramento Birth Injury Case

June 25, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth 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 birth injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to Plaintiff: On July 23, 2004, plaintiff Andy Wallas was admitted to ABC Medical Center for delivery. Her obstetrician was defendant Donald Gray, M.D. Her pre-natal course was uneventful. During labor, the fetal heart monitor recorded that the fetal heart rate (“FHR”) dropped to the 40s for four minutes (bradycardia). Defendant elected to utilize a vacuum extractor to hasten delivery of the baby for what he perceived was an emergency.

Plaintiffs Andy Wallas, Benjamin Wallas, and minor, through his Guardian ad Litem, Andy Wallas, alleged that the FHR returned to baseline (normal) within the next contraction, so there was no emergency, but they were not critical of defendant’s decision to use the vacuum. Upon delivery of the fetal head, a shoulder dystocia was encountered (baby’s shoulder trapped under mother’s pubic bone).

Defendant claimed the baby was delivered with a McRoberts maneuver and Suprapubic pressure. The baby’s left upper extremity (arm, shoulder, hand) was noted to be flaccid at delivery. The baby was later diagnosed as having suffered a permanent left brachial plexus paralysis.

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

Sacramento Auto Collision With Bus Causes Multiple Injuries Including Brain Injury

June 25, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary 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 brain injury lawsuit and its proceedings.)

INJURIES: Marks was taken by ambulance from the scene of the accident to the emergency room. She sustained a fracture to her right ankle, which was treated with closed reduction casting, rather than internal fixation, due to metal allergies. She also claimed that she sustained cervical and lumbar strains and sprains, torn medial menisci in both knees, as well as minor injuries to her hands, right leg and the right side of her chest.

Facts:

On Oct. 17, 2005, plaintiff Cathlene Marks, 59, a Walmart manager, was driving northbound in Sacramento, CA. At approximately 2:30 p.m., Marks drove through an intersection and collided with a bus operated by Susan Helen, who was traveling westbound. Marks claimed she sustained multiple injuries in the crash.

Marks sued Helen and XYZ Transit Inc., the owner of the bus. She alleged Helen was negligent in the operation of the bus and that XYZ was vicariously liable for her actions.

Marks contended that Helen failed to yield for oncoming traffic at the intersection, since the defendant’s part of the intersection was controlled by a stop sign, while plaintiff’s was not.

The defendants admitted liability at the start of trial, and the matter proceeded to assess damages.

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

Plaintiff Alleged Doctor Cut Sensory Nerve During Surgery in Medical Malpractice Lawsuit

June 25, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as 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.)

INJURIES: Levine claimed that as a result of Hanson’s negligence, she sustained nerve damage from the kinking and a small sensory nerve was cut, both of which required a second surgery. The second surgery reduced her pain, but she has a diminished grip. She claimed that her injuries, including grip loss, were permanent and non-operable.

Facts:

On March 28, 2008, plaintiff Kimberly Levine, 31, a human resources supervisor, underwent an ulnar nerve transposition performed by Dr. Allan Hanson. Levine had a long history of shoulder and arm weakness. She had a work up completed through doctors and then returned to Hanson for the surgical consultation. Hanson had given Levine cortisone injections, which did relieve symptoms, and he recommended surgery on her shoulder and right, dominant elbow.

After the ulnar nerve transposition, Levine immediately became more symptomatic. She had outpatient therapy with no relief. She then switched health insurance and the subsequent orthopedist noted immediately that the incision scar was suspect for full release and advised reoperation, which was performed.

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

After San Francisco Operation, Man Losses Hand Function in Medical Malpractice Case, Part 3 of 4

June 25, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice 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. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

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

Although the second stage of reconstructive surgery was scheduled, Serri elected to forego its completion and had the expert amputate the right middle finger at the level of the proximal interphalangeal joint, located at the middle of his finger on Jan. 11, 2007. The expert testified that Serri’s decision was motivated by a desire to return to work sooner, that Serri felt rehabilitation would take too long and was not guaranteed. Serri testified that he decided on amputation because he felt the two-stage procedure was experimental and that the expert had given him a poor prognosis even if he completed reconstructive surgery.

Serri thereafter returned to work, but developed left shoulder pain that he claimed was the consequence of overuse caused by compensating for the amputated finger, aggravating underlying degenerative shoulder disease. He underwent shoulder surgery on Sept. 8, 2008, performed by his expert in orthopedic surgery, who opined that the predominant problem accounting for the symptoms was joint arthritis. The expert also found calcium pyrophosphate disease, or pseudo-gout, which he thought could have been a contributing factor accounting for the symptoms. Serri did not return to his job and claimed that he was unable to do similar duties.

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

Sacramento Teenager Suffers Brain Injury From Drunk Driving Car Crash, Part 2 of 2

June 25, 2012 | by Moseley Collins

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.)

Plaintiff neuroradiology experts Bart Preston and Fred Millhop interpreted the various imaging studies and explained to the jury how old blood from micro-tearing of the tissue in the brain was the result of trauma as shown by MRI sensitivity studies.

Plaintiff neuropsychology experts Larry Zoo and James Schnell, who had extensive involvement with German, embraced the prior history and explained to the jury that he was a compromised kid to begin with whose problems were mostly situational, and that he had a strong probability of succeeding in life in a structured environment, such as the military.

Approximately six weeks prior to the accident, German was tested for and diagnosed with serious learning disabilities. He also had a pre-existing history of ADHD, bipolar disorder, explosive disorder, and a long history of psychiatric medication therapy.

German sought $26,000 for past medical expenses, a life care plan estimated at $7.9 million present cash value ($42 million not reduced to present cash value), and damages for lost earnings and pain and suffering. He asked the jury for a total of $72 million.

Boon argued that there was no injury and no connection between the hemorrhage and the accident, that German’s condition was better at present than it was before the accident, and that the case was an exaggeration.

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

Mother and Two Children are Rear-Ended at Stoplight in Sacramento Car Crash

June 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: 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.

Man Claims He Fell Down Hill While Fighting Off Four Unleashed Dogs in Sacramento Dog Bite Case

June 23, 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 dog bite lawsuit and its proceedings.)

INJURIES: Shelly went to a hospital, where he was diagnosed with a nondisplaced fractured wrist, a dislocated biceps tendon and a full thickness tear of his rotator cuff.

Facts:

On Sept. 17, 2007, plaintiff Matthew Shelly, 58, a clothing store proprietor, was confronted by four unleashed dogs while standing near a retired landfill behind his Sacramento home. He allegedly fell down a 40-foot hill during the incident.

Shelly sued the dogs’ owners, Renee Sean and Chelsey Temple, for negligence and strict liability. Plaintiffs’ counsel alleged that Shelly was at the top of a hill when the dogs came rushing toward him from the base of the hill. The lawyer asserted that the dogs attacked Shelly, and that Sean’s dog bit Shelly.

Plaintiff’s counsel noted that, despite the fact that Shelly had tried to ward the dogs off by pushing and kicking at them, he fell three times during the brief melee, ending up at the base of the hill.

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

Sacramento Woman Claims Additional Evaluation By Doctor Would Have Shown Her Aneurysm

June 23, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(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: Walters claimed that due to the aneurysm rupture, she underwent several surgical procedures and later developed right-sided weakness secondary to a frontal lobe stroke. She also claimed she suffered two heart attacks, and had continual headaches, cognitive difficulties, trouble sleeping, depression and anxiety.

Facts:

On Jan. 5, 2007, plaintiff Jan Walters, 47, unemployed, presented to Sacramento Hospital. Walters allegedly complained of a painful left-sided headache. A nurse conducted a medical screening and consulted with an on-duty physician, who prescribed pain medication and told Walters to go to the Sacramento emergency room. Walters did not go to the ER. On Feb 24, she suffered a cerebral aneurysm rupture, lost consciousness while driving and allegedly collided with a tree. She was then taken to ABC Medical Center where she underwent successful procedures to address the injury.

Walters sued Sacramento Hospital, alleging medical malpractice. She claimed that they had violated the standard of care and that the county had violated provisions of Federally Qualified Health Centers and the Medical Treatment and Active Labor Act, well as internal policies. She claimed that she had presented with a right-sided (not left) headache that required further evaluation. She claimed that had she been given a more thorough evaluation, she might have been transported by ambulance, where diagnostic tests might have revealed the aneurysm.

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

Student Claims High School Counselor Sexually Harassed Her

June 18, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment 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 note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: The plaintiff sought recovery in the form of injunctive relief, i.e., an extension of the modified temporary restraining order.

Facts:

In April 2010, the petitioner, a 16-year-old female student at a Sacramento high school claimed that she was sexually harassed by Andrew Santos, an academic counselor at the Sacramento High School. The petitioner filed a complaint with the Sacramento Unified School District, in accordance with the district’s sexual harassment complaint policy, but after a district investigation, administrators chose not to remove Santos from his position.

The petitioner appealed the investigation determination to the district superintendent, asking that Santos be removed from any position that put him in contact with female students. After the district decided not to remove Santos, the petitioner applied for a temporary restraining order with the County Superior Court Aug. 31, 2010, before the school year began, which would keep Santos 100 yards (and later modified upon stipulation to 50 yards) from her and her home at all times.

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