Sacramento Brain Injury Lawyer Blog

It is worth noting that situations similar to those described in this traumatic brain injury case could just as easily occur with hospital staff 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.)

Plaintiffs Opposition to Defendant Melissa Brown, M.D.'s, Motion to Strike Punitive Damages

INTRODUCTION

On June 16, 2009, at approximately 2:30 p.m. in the afternoon, Melissa Brown, M.D., fell asleep while driving and mowed down the Plaintiff, David Hall, as he was jogging on the sidewalk. Dr. Brown caused David to sustain serions and permanent injuries, including: traumatic brain injury, post-traumatic stress disorder, thoracic spine fractures, left fibula fracture, multiple lacerations, severe abrasions (road rash) from his upper back, arms, knees, thighs and toes, and contusions.

Dr. Brown, who is to do no harm as a physician, left Universal Hospital where she had been working, and drove home in a fatigued and sleep-deprived condition. Her ability to drive safely was significantly impaired. Her decision to drive while impaired is no different than a person driving under the influence of drugs or alcohol in conscious disregard for the safety of others. Punitive damages are routinely pled in motor vehicle accident cases where the defendant was driving under the influence. See, e.g., Peterson v. Superior Ct. (1982) 31 Cal. 3d 147; Taylor v. Superior Ct (1979) 24 Cal.3d 890, 894.

In fact, Plaintiff is clearly entitled to plead punitive damages under statutory and common law rights controlling his causes of action. Those include, inter alia: Civ. Code § 3294; Potter v. Firestone & Rubber Co. (1993) 6 Cal.4th 965, 985; Taylor, 24 Cal.3d at 894.

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

Continue reading "Sacramento Man Suffers Traumatic Brain Injury In Car Accident, Part 1 of 9" »

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 brain injury lawsuit and its proceedings.)

WHITE SUFFERED NECK, BACK AND SHOULDER INJURIES

Plaintiff had pre-existing degenerative disc disease (DDD) in her neck and back and occasional left shoulder pain. In the accident, she aggravated these conditions causing her DDD to lit-up. Mrs. White has continued to have left side weakness and low back flare ups. These problems have been treated with chiropractic therapy, physical therapy and massage therapy to manage her neck, shoulder and back symptomatology. Defendants concede she suffered soft tissue injuries in the accident but claim they should have healed in a matter of a few months.

PAST MEDICAL BILLS

Total Medical Bills without Prescriptions. $ 31,020.45

EMPLOYMENT LOSS

In November 2007, Mrs. White was hired by the County Bank. As a Vice-president at County Bank, Mrs. White's salary was set at $87,500.00 plus benefits and bonuses. After the accident, she was let go within weeks for strategic reasons by County Bank. Mrs. White tried to get another job with a bank but was unsuccessful. In April 2008, Mrs. White took a job as a front desk receptionist/office assistant at Lee Chiropractic Clinic where she was paid $11.00 per hour. Mrs. White was hired for her lovely demeanor and obvious people skills and was expected to learn the job within a few months. Unfortunately, Mrs. White's cognitive injury led to her having difficulty working as a receptionist. Dr. Lee explained that Mrs. White had numerous difficulties with her job requiring frequent retraining as follows:

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

Continue reading "Bank Executive Suffers Traumatic Brain Injury In Sacramento Car Accident, 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 brain injury lawsuit and its proceedings.)

MRI STUDIES OF MRS. WHITE CONDUCTED POST-ACCIDENT FOUND DIFFUSE WHITE BRAIN MATTER LESIONS CONSISTENT WITH TRAUMATIC BRAIN INJURY cont.

There is a conflict of evidence as to whether Mrs. White told the ER doctor that she hit her head in the accident. Mrs. White was examined, given pain medications treated and released from the emergency room and told to see her family doctor.

On January 28, 2008, Mrs. White was seen by Dr. Olden who diagnosed her head pain as mild post-traumatic concussion. When her head pain persisted and she reported numbness in her face and drooling, an MRI study of her brain was done on May 22, 2008.

There is no dispute that the MRI studies in this case have documented that Mrs. White's brain has a diffuse bilateral small to moderate white matter lesions. After reviewing the May 22nd MRI, Dr. Olden concluded that the white brain matter lesions were most consistent with axonal shear injuries in the brain.

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

Continue reading "Sacramento Neurologist Confirms Brain Injury To Car Accident Victim, 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 brain injury lawsuit and its proceedings.)

DEFENDANT BLACK WAS 100% AT FAULT IN CAUSING THE ACCIDENT

Defendant GHI has admitted in response to admissions that defendant Black was their employee on the day of the incident. Defendant Black has admitted in admissions that his negligence caused the accident. Defendant Black also testified at his deposition that neither Mr. White nor anyone else had done anything that caused or contributed to causing this three vehicle collision. Thus, the issues in this case are the nature and degree of injuries plaintiff suffered in the accident.

THERE WAS NO COMPARATIVE FAULT ON THE PART OF PLAINTIFF

At the time of the collision, Mrs. White was wearing her seat belt as determined by CHP Officer Hall. By wearing her seat belt and timely stopping for traffic ahead of her, Mrs. White did all the law required of her. Mrs. White was not comparatively at fault.

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

Continue reading "Rear-End Car Accident Leaves Sacramento Woman With Brain Injury, 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 brain injury lawsuit and its proceedings.)

INTRODUCTION

Plaintiff Melissa White’s Trial Brief

This case arises out of a three (3) vehicle collision on Highway 50, caused when a commercial van driven by Sean Black rear-ended the Plaintiff's vehicle.

Prior to the January 24, 2008 traffic accident, Plaintiff Melissa White was a healthy, physically active 57-year-old senior bank vice-president. After more than a 25-year career in banking, she was making $87,500.00 base salary, not including benefits and bonuses as a senior vice-president with County Bank. Mrs. White had a nice home and a happy and fulfilling life. All that changed in an instant on a rain-slick highway in the early evening of January 24, 2008. Through no fault of her own, a van driven by a GHI Distributing Company employee, Richard Black slammed into the back of Mrs. White's BMW which was stopped for traffic on SR50. At the time of impact, the GHI van was going at least 40 mph. (Plaintiff thought that Black's vehicle was going more than 50 mph.) In the accident, Mrs, White's vehicle was smashed into the vehicle ahead of her. As a result of the collision, Melissa White suffered a mild traumatic brain injury/post-concussion syndrome, injury to her left shoulder, and post-traumatic cervical and lumbar spine injuries.

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

Continue reading "Sacramento Woman Suffers Traumatic Brain Injury In Car Accident, Part 1 of 4" »