Personal Injury Lawyer Blog
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.
Marks underwent arthroscopic surgery on her right knee on Feb. 2, 2006, and followed up with six weeks of physical therapy. She eventually underwent arthroscopic surgery on her left knee on Oct. 9, 2009.
Marks also claimed she suffered a traumatic brain injury in the accident, which has caused cognitive impairment such as memory loss. She also claimed she suffers from stress disorder, depression and anxiety, as well as other emotional effects.
Marks claimed that her right knee surgery was not a complete success and that she continues to experience pain and weakness. She claimed she can never return to work or assist her elderly mother.
Marks asked the jury for $1.1 million in total damages for past and future household services, medical costs, lost earnings, and pain and suffering.
The defendants contended that Marks was fully recovered after her right knee surgery and able to return to work. They claimed that she sustained no injury to her left knee or brain during the accident, and that her neck and back abnormalities were preexisting.
The defendants’ expert neurologist opined that Marks’ cognitive condition was mostly imagined and that Marks was exaggerating her symptoms.
SUMMARY:
RESULT: Verdict-Plaintiff
Award Total: $602,976
The jury awarded Marks $602,975.51 in damages.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.