Sacramento Car Accident Lawyer Blog

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.

Plaintiff's counsel acknowledged that the plaintiff had a pre-existing condition, but insisted that she was relatively symptom free in the two-year period prior to the subject accident and never experienced radicular pain. Plaintiff's counsel argued that the plaintiff was unusually susceptible to injury and that this seemingly innocuous incident caused the symptoms.

The defense medical expert related the disc herniation, the adjacent disc disease, both surgeries and significant medical expenses and disability to the minor car accident, according to defense counsel.

SUMMARY:
RESULT: Mediated Settlement
Award Total: $1,250,000
The case settled for $1.25 million.

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

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

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.

Continue reading "Sacramento Personal Injury Case Involves Collision Between Two Trucks, Part 3 of 3" »

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.

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

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.)

SUMMARY:
Verdict/Judgment: Plaintiff
Verdict/Judgment Amount: $4,271,079

Range: $2,000,000-$4,999,999

$771,079 awarded on the survivorship claim; $500,000 on the lost consortium claim; and $3,000,000 on the wrongful death claim.
Trial Type: Jury
Trial Length: 8 days.
Deliberations: 2.5 days.
Jury Poll: 11-1 survivorship; 10-2 lost consortium/wrongful death.

CASE INFORMATION
According to Plaintiff: Plaintiffs' decedent died from injuries sustained when defendants' truck allegedly crossed over the centerline and collided with decedent's pickup causing the pickup to move into the path of an oncoming truck. The plaintiffs were Camille Merry and others.

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

Continue reading "Catastrophic Sacramento Truck Accident Results in $4 Million Lawsuit, Part 1 of 3" »

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.

Continue reading "Sacramento Car Accident Victim Incurs Major Medical Expenses, Part 4 of 4" »

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.

Continue reading "Automobile Accident Victim From Sacramento Files Lawsuit For Spinal Injuries, Part 3 of 4" »

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.

Continue reading "Car Accident Leaves Sacramento Woman With Catastrophic Back Injuries, Part 2 of 4" »

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.

Continue reading "Sacramento Woman Severely Injured In Car Accident, Part 1 of 4" »

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 versus bus accident lawsuit and its proceedings.)

Orthopedic Exam:

Dr. Stanley Lee met with the plaintiff on April 13, 2009. The defense concedes that plaintiff fractured her right ankle during the accident sequence. The defense also concedes that the surgery performed on her right knee on February 2, 2006 relates to the accident as well. However, we do not concede that the left knee surgery on October 9, 2009, has any relation to the vehicular accident.

Dr. Lee had an opportunity to meet with the plaintiff prior to her left knee surgery. In his report of April 13, 2009, he concluded that the records do not support a significant injury to her left knee and surgical intervention on her left knee was not indicated, in his opinion. Nonetheless, the surgery was performed six months later. Dr. Lee did not find medical evidence to support that she sustained an injury to her left leg during the accident sequence. As it turns out, plaintiff was having problems with her left knee (and with her right knee as well) prior to this accident, and Dr. Lee believes that the surgery of October 9, 2009 more relates to a trip and fall that the plaintiff sustained years ago rather than to the vehicular accident.

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

Continue reading "Sacramento Bus Accident Victim Needs Multiple Surgeries After Collision, Part 7 of 7" »

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 versus bus accident lawsuit and its proceedings.)

DEFENSE MEDICAL EXAMINATIONS

Because of plaintiffs spectacular litany of injuries, she was sent for a neurological examination in March of 2009, and an orthopedic examination in April of 2009. The results of those examinations are set forth below.

Neurologic Exam:

The first examination was performed by orthopedist, Dr. Daniel Stein, at University Health Care. When he examined the plaintiff, she exhibited decreased touch along her right arm and hand. Due to the pattern of claimed sensory loss, Dr. Stein felt that the plaintiff had a credibility issue in this regard. He also had very serious concerns about her claims of cognitive loss. She told Dr. Stein that she had a photographic memory for her entire life, and she went on to describe the various cognitive problems she was having. Dr. Stein felt that the complaints were not credible.

Such devastating symptomatology could be characterized in severe traumatic brain injury cases, but even then, the features described by the plaintiff would be unexpected. It was the opinion of Dr. Stein that her brain injury claims are unreasonable in relation to this particular event and that her cognitive issues are not associated with brain trauma or head trauma.

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

Continue reading "Sacramento Woman Suffers Traumatic Brain Injury In Collision With Bus, Part 6 of 7" »

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 versus bus accident lawsuit and its proceedings.)

Back Pain:

Plaintiff claims pain throughout her entire back. The pain is there all the time. Only the degree of pain varies.

Again, plaintiff believes that all of her back pain is as the result of the subject accident. The pain is concentrated in her upper back and in her lower back, but they both radiate into her midback.

Hearing Problems:

Plaintiff wears a hearing aide in her left ear. She believes her level of hearing has decreased as a result of the accident. She has tinnitus in her left ear.

Sleep Problems:

Plaintiff does not claim a problem going to sleep, but she wakes up almost every night for one of two reasons. First, she often experiences cramping which can affect her back, her hips or her legs. When that happens, she has to get up and walk around, and the cramping is alleviated. Other times she is awakened by nightmares associated with the collision of October 17, 2008.

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

Continue reading "Car Accident Victim From Sacramento Suffers Catastrophic Injuries, Part 5 of 7" »