Posted On: March 8, 2012 by Moseley Collins

Sacramento Personal Injury Case Results After School Is Negligent in Treating Injury, Part 2 of 2

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 brain injury lawsuit and its proceedings.)

The Def. denied these allegations and argued that its action had been prompt and in accord with what other school districts had been doing at that time. Plffs' expert neurologists opined that based on the degree of injury, she was without adequate profusion of oxygen for a period in excess of 12-15 minutes. The Def. contended that the time period was much shorter. The Def.'s expert also maintained that there was no way to medically determine what the degree of injury would have been had more prompt action occurred.

The Def. filed a Frye motion to dismiss the case arguing that Plffs' experts' opinions were not based on generally accepted scientific principals. The motion was denied by the Honorable Curt Momo.

The lawsuit had originally been filed against the Sacramento School District in December, 1998. Plffs were originally represented by different counsel. After discovery, Plffs entered into a settlement with counsel for the District for the amount of $600,000. The Curtis’ objected to the settlement pointing out that they had not consented to the amount, did not agree to settle for that amount and that it made no sense for Curtis's needs. On July 14, 2006, the Court initially approved the settlement. Subsequently, the Crawfords retained attorney to help them set the settlement aside.

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

On October 12, 2006, the Honorable Curt Momo, after hearing evidence, set the amount aside. Thereafter, the issue was appealed to Division III. Ultimately, the matter was remanded for trial and Law Offices was retained to represent Curtis and to prepare the case for trial.

Substantial discovery occurred including a substantial amount of expert discovery. The issues of liability and causation were hotly contested. Defense experts pointed out that Curtis's injury was an extremely rare event, and that quicker assistance would not have changed the outcome. Studies indicate that young athletes who suffer from sudden cardiac arrest often die or suffer brain damage.

SUMMARY:
Result: PLAINTIFF SETTLEMENT for $2,500,000.

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