October 31, 2009

Sacramento Gas Company Sued For Auto Accident That Caused Teen's Brain Injury, Part 3 of 7

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

After Paul was discharged from the hospital, he attended outpatient rehabilitation for approximately three months. At this point it was clear that Paul was much slower to process information, had significant memory and motor-skills problems, and could not engage in many of the activities he used to enjoy. During the initial three-month recovery period, Paul suffered from daily severe headaches due to his brain trauma for which he treated with Vicodin.

Paul spent the remainder of his eighth-grade year in a homeschool program designed to help him during the recovery period. Paul attempted to go back to Sacramento Junior High School but he could not cope with the confusion and the chaos of a regular school program.

A teacher assigned from the Sacramento Unified School District came to the home two to three times per week to assist Paul with his school work. In ninth grade, Paul was home-schooled with the California Virtual Academy (an internet-based schooling program). Sherrie stayed home from work during this year to assist Paul with his recovery and learning.

At the beginning of Paul's tenth-grade year in the fall of 2007, Paul participated in an independent studies homeschooling program affiliated with the Sacramento High School. The students in this program work from the home and visit the school once per week for grading and extra help. Paul did not function well in this program and the school representatives recommended that Paul return to Sacramento High School. Due to his severe cognitive impairment, Paul has been unable to successfully matriculate into Sacramento High School. Paul's physicians have recommended an intensive residential based rehabilitation program, in which he is currently in the process of admission.

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October 28, 2009

Car Accident Leaves Sacramento Boy With Brain Injury, Part 2 of 7

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

FACTUAL BACKGROUND
On the date of the collision Plaintiffs had stopped at the intersection of White Road in the left turn lane where they waited for the red arrow signal to turn green. Upon the signal cycling to a green arrow, Sherrie Martin proceeded into her left turn in a normal course and speed.

Defendant Dan Brown was traveling westbound on S.R. 40 in his 2000 Ford F-150 dual-wheeled utility truck at approximately 60 miles-per-hour and failed to stop at the red light causing the collision. Brown was in the course and scope of his employment with the California Gas Company at the time of the collision.

The defendants' Ford truck struck the Martins' vehicle directly at the passenger side where Paul was seated. Brown admitted in deposition that he did not brake before the impact and that he was traveling at least 55 miles-per-hour. The deepest point of impact was the right-front grill of the Ford piercing through the passenger door and window area where Paul's head was located.

Paul suffered life-threatening injuries on the scene including a severe head trauma, brain hemorrhage, collapsed lung, fractured pelvis, multiple fractured ribs, spleen and liver lacerations, internal bleeding, and other cuts and soft-tissue injuries. At the scene, Paul initially had a Glasgow Coma Scale of 13 which quickly fell to a 3 when he became completely unresponsive. Paul went into respiratory failure at the scene likely due to brain swelling (subdural bleed in bilateral frontal lobes) and/or aspiration.

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October 13, 2009

Sacramento Teen Suffers Traumatic Brain Injury, Part 1 of 7

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

PLAINTIFF’S TRIAL BRIEF

INTRODUCTION & FACTUAL BACKGROUND
On November 2, 2005, at 11:35 a.m., 14-year-old Paul Martin was a passenger with his mother Sherrie while driving eastbound on California State Route 40 in Sacramento. The Plaintiffs made a lawful left turn at White Road where they were violently struck by a California Gas Company truck driven by Dan Brown which ran through a solid red light. Paul Martin suffered life threatening injuries including a severe traumatic brain injury that has permanently disabled him.

PARTIES

Plaintiffs:
Paul Martin was an active fourteen-year-old boy at the time of the collision. He was in the eighth grade at Sacramento Junior High School and enjoyed riding dirt bikes, skateboarding, building and repairing bicycles, drawing, and playing basketball. Prior to the collision Paul had been a below-average student, but had recently found success with an independent studies program in which he received mostly A's and B's. After suffering a moderate to severe traumatic brain injury, Paul's entire life has changed. His ability to process information, memory, ability to communicate, and motor skills are now drastically diminished. Paul's personality has completely changed, he is depressed, lacks ambition, and he can no longer engage in many of the activities he used to enjoy. As a result of the impact of the collision, Paul has a large 6" scar on the back of his head, a drooping left eye, and partial facial palsy.

Sherrie Martin escaped the collision with only soft-tissue injuries.

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