Sacramento Personal Injury Lawyer Blog

V. ECONOMIC DAMAGES

Past Economic Damages:

Meridian Resource Company $ 21,454.67
Valley MRI & Family Imaging Center $ 1,306.80
Central Anesthesia Medical Group, Inc. $ 100.32
Northern California Cardiology Associates Med. Grp. $ 32.00
Mark Hambly, M.D. $ 658.26
Jeff Jones, M.D. $ 2,693.00
Randall Armstrong, MD $ 220.00
Roseville Memorial Hospital $ 1,079.27
EMPI $ 73.75
HealthCare Clinical Laboratories $ 406.00
Sutter General Hospital (deductible) $ 1,508.13
Ramnick Clair, M.D. (estimate) $ 1,200.00
Roseville Delta Emergency Physicians $ 354.92
St. Joseph’s Medical Center $ 6,461.25
Smallie Chiropractic $ 944.35
Roseville Physical Therapy $ 1,186.00
Richard Harty, P.T. $ 270.00
Prescriptions $ 1,595.57
Total Past Medical $ 41,544.29

Past Wage Loss $ 67,465.56
Future Wage Loss $ 674,655.60
Total Wage Loss $ 742,121.16

Richard Harty, P.T. $ 360.00
Roseville Physical Therapy $ 1,200.00
Surgery $ 125,000.00
Medication $ 41,760.00
Physical Therapy $ 50,112.00
Total Future Medical $ 218,432.00
TOTAL ECONOMIC DAMAGES $ 1,002,097.45
Copies of her bills are referenced herein.

Please note, Ms. Rich's wage loss and medical damages are increasing weekly.

VI. PUNITIVE DAMAGES

As discussed above, defendant, Paul Stevens, had already signed a document acknowledging the subject dog Franz was a vicious dog that had to be restrained. Despite this and with a conscious disregard for the safety of others, Paul Stevens permitted the dog to run free and attack Ms. Stevens.

We have sued Mr. Stevens for punitive damages. As you know, punitive damages, if awarded, must be paid personally by Mr. Stevens. It will not be paid by his insurance.

A failure by Allstate Insurance Company to settle this case will expose Mr. Stevens to financial ruin.

Continue reading "Female Sacramento Attorney Viciously Attacked By Dog, Part 7 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Since the attack, Ms. Rich tried to return to work approximately one week post-incident and has tried to work intermittently since the incident, but has been unable to return to her full duties over the past 12 months because of her back and leg pain. She continues to receive significant medical care. Dr. Shortley stated the following about her past and future employment:

“Ms. Rich was working long hours prior to the dog attack March 17, 2006… Because of the persistence of her pain and neurologic loss in spite of reducing her workload it is probable that Ms. Rich will not be able to return to the work schedule he enjoyed before the dog attack. Therefore it is probable that he will not be able to work the number of hours and will have wage loss that will be ongoing into the future.”

Dr. Shortley’s report is referenced herein.

On average, Ms. Rich earned $6,437.40 per month before the attack at her home office law practice. After the dog attack she earned $5,450.27. Therefore, she had a $987.13 loss per month. Financial records are referenced herein.

By March 30, 2006, Ms. Rich earned $26,640.34 ($8,880.11 average per month) from her local office practice before the attack, and by May 2006 her year-to-date income was only $35,910.34. She only earned $9,270.00 in April and May, or $4,635.00 per month after the attack. Therefore, she has earned approximately $4,245.11, less per month from this portion of her practice. Those financial records are referenced herein.

Continue reading "Sacramento Dog Bite Victim Requires Surgery, Part 6 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

At the time Ms. Rich was examined by Dr. Shortley, it was Dr. Shortley’s opinion that surgery was “almost a medical certainty.” However, since that appointment Ms. Rich was examined by Praveen Mummaneni, M.D. with the Department of Neurological Surgery at UCSF. Dr. Mummaneni is recommending surgery. In his report it states:

“Assessment and Planning: The patient, who is a pleasant, 55-year-old right-handed woman presented to my office today at the UCSF Spine Center with complaints of postoperative low back pain radiating down her left leg. Her leg pain supersedes her back pain, and review of her postoperative lumbar MRI with and without contrast, as well as her lumbar CT with post-myelogram CT revealed a recurrent left L4-5 nucleus pulposus. Postoperatively the patient has failed conservative therapy in the form of formal physical therapy with injections. In accordance with the patient’s wishes, she wishes to undergo a reoperative left L4-5 diskectomy. I have gone over the indications, risks, benefits, and alternatives including death, and I have recommended that we obtain a new MRI with and without contrast prior to scheduling surgery. Once this is obtained, we will proceed with a reoperative left L4-5 microendoscopic diskectomy. In the interim, I have instructed her to notify me immediately should any problems arise beforehand that warrant my attention.

Dr. Mummaneni’s records are referenced herein.

Ms. Rich has a pre-surgery consult and MRIs at UCSF on March 11, 2007. Dr. Shortley in his previously quoted report estimates the cost of future surgery to be $125,000.00. Plaintiff will miss additional time from work.

Continue reading "Vicious Dog Attack Leaves Sacramento Woman Injured, Part 5 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Comparing the two lumbar MRI reports we see the difference. Following the attack by the dog Franz in 2006 the MRI records:

“A small amount of extruded disc material into the axillary portion of the canal on the left at this level, impinging on the left L5 root at its origin.”
This finding was not present in the earlier MRI.

This finding was also confirmed by Dr. Hambly in his operative report dated April 12, 2006, Dr. Hambly stated:

“Kerrie Rich is a 55-year-old attorney with a large disc herniation on the left at L4-5…there is a large high intensity zone within the substance of the L5-S1 disc.”

IV. FUTURE MEDICAL

As stated previously, Ms. Rich is still treating with Roseville Physical Therapy and with Richard Harty, P.T. Richard Harty’s March physical therapy will cost $360.00. Roseville Physical Therapy costs approximately $120.00 per visit; she is scheduled for approximately five more weeks with at least two visits per week. Therefore, the cost will be at least $1,200.00.

On January 31, 2007, Ms. Rich was examined by orthopedic surgeon, Howard Shortley, M.D. In his report Dr. Shortley discussed in part Ms. Rich's condition and future medical:

“It is unlikely that Ms. Rich will improve in the future. Given her current age of 55 years, she is likely to grow worse over time. Because of this it is possible that she will require further back surgery.

Continue reading "Female Sacramento Dog Bite Victim Severely Injured, Part 4 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Post-operatively, Ms. Rich has not done well. She has continued to have left foot drop, right and left foot pain, weakness, and numbness. She has taken numerous medications to control her pain level. She had a lumbar MRI on June 4, 2006. She had a lumbar myelogram and lumbar CT on June 19, 2006. The lumbar CT showed the following impression:

“Status post left laminectomy defect at L4-L5. Small area of protrusion of the disks at the L4-L5 level on the left which appears to compromise the left L5 nerve root. This may represent a disk fragment extending posterior and inferior at the L4-L5 level on the left.”

A copy of the CT and myelogram are referenced herein.

Ms. Rich has undergone a series of treatments both before and after her surgery. Jeff Jones, M.D., has performed the following procedures on Ms. Rich:

April 3, 2006 “Epidural steroid injection.”
May 3, 2006 “Epidural steroid injection.”
November 2006 “transforaminal epidural steroid injection at theL5 neuroforamen of the left…a selective nerve root block”
December 20, 2006 “pulsed radiofrequency lesioning of the dorsal root ganglion and the L5 nerve on the left.”
January 17, 2007 “L2 left sympathetic block.”
January 23, 2007 “L2 lumbar sympathetic block on the left.”

Dr. Jones’ records are referenced herein.

Plaintiff treated with Roseville Physical Therapy. She was treated for over 50 visits with a reduced charge in 2006. As of 2007, Ms. Rich has been charged full price for her treatment. She is continuing treatment two to three times per week. Those records are referenced herein.

Continue reading "Vicious Dog Attacks Woman In Sacramento, Part 3 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

In addition, on the same day that Ms. Rich was attacked by Franz, the dog was found to be loose and the dog charged animal control as well. The Animal Control Report by J. Crickenberger stated in part:

“Observed female black lab with purple collar. No ID. Loose at C/A. Dog ran to front porch area. I attempted to contact at door, no response. Female black lab with purple collar showed A-Type behavior by charging at me. I had to use snare to capture dog safely.”

Despite defendant’s acknowledgement and awareness of his dog’s vicious nature, and history of charging and attacking people, Paul Stevens failed to confine his dog. He allowed his dog to run free and attack Ms. Rich.

A copy of the Vicious Dog Notification and Animal Control Reports are referenced herein.

IV. INJURIES
Immediately after the incident, Ms. Rich had severe low back pain. She took Motrin and Flexeril for the pain hoping she would get better. When she grew worse with left side radiating pain she went to the emergency room where she was given pain medication, referred to follow up with orthopedics, including an MRI. Records are referenced herein.

Continue reading "Dog Attacks Sacramento Attorney, Part 2 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Plaintiff, KERRIE RICH, hereby submits the following Mediation Brief:

I. BACKGROUND

At the time of the dog attack, attorney Kerrie Rich was 45-years-old. She was in good health, and was an attorney of 20 years working at various locations. She was married and resided with her husband, Robert, in Sacramento, California. She was an athlete who ran, trained for triathalons, and worked out daily.

II. THE INCIDENT

On March 17, 2006, plaintiff was out for her daily walk next to her home in a cul de sac,
when “Franz,” a dog belonging to defendant, Paul Stevens, came running, growling with teeth showing at Ms. Rich. The dog aggressively charged Ms. Rich and tried to bite her arms and legs. In the attack, Ms. Rich was knocked to the ground, landing on her back and buttocks.

Ms. Rich reviewed the pictures of the defendant's dog, Franz, and provided to plaintiff by defendant. Ms. Rich confirmed that this was the dog that attacked her. In plainitff's fax she states:

“This is the dog that attacked me.”

III. LIABILITY

This is a case of clear liability. The dog Franz has a history of violent behavior. On April 22, 2004, Paul Stevens signed a Vicious Dog Notification pursuant to Sacramento Municipal Code 7-125 (herein after referred to as “SMC 7-125”) and was cited for violation of SMC 7-124 (Dogs running at large – Unlawful). Defendant was advised that this dog must be chained and kept confined at all times. The animal control report by F. Dobales dated April 22, 2004, stated in part:

Continue reading "Sacramento Woman Bitten By Dog, Part 1 of 7." »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

I. INTRODUCTION
On May 1, 2006, at 9:15 p.m., a 22-year-old woman suffered serious brain damage. A car driven by the male defendant ran a red light and struck the vehicle carrying plaintiff and two passengers. The defendant admitted to the police officers that he ran the red light. He was a drunk driver.

While she has in some respects recovered, plaintiff remains impaired by her brain damage. This is discussed below in Section V.

II. BACKGROUND
At the time of the collision, plaintiff was employed by Ross Stores as a clerk. She was in excellent physical health. She had some challenges in school and at home, growing up without a mother in a dysfunctional home. She was diagnosed at one time at age four or five as having childhood seizures and emotional problems, but by the time plainitiff reached 22-years-old she had overcome those obstacles. She had a job and was doing well.

III. THE DRUNK DRIVER CAUSES A COLLISION

Plainitff was the back seat passenger in a 2002 chevy Malibu owned and driven by her friend, Denise. In the right front seat was passenger Sandy. Both Denise and Sandy were also injured in the crash and are each represented by other counsel. Denise was traveling southbound on Sunrise Blvd.. As she approached the intersection of Greenback, she stopped for a red light. The light turned green. Denise then started through the intersection.
Driving westbound on Greenback in a 1999 BMW 328 owned by his father, was defendant. He had a red light.

Continue reading "Sacramento Woman Hit By Drunk Driver Suffers Traumatic Brain Injury, Part 1 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

The collision was investigated by Officer A. E. Jones of the California Highway Patrol. In his report Jones states the following:

“P-1 [Chris] stated he was driving V-1 westbound on Greenback approaching Sunrise Blvd., in the #1 or #2 lane at 50 mph. He stated, ‘I ran the Sunrise light.’”

The investigating officer noticed a strong smell of alcohol on the defendant. He noticed that his speech was slow and slurred and that his eyes were red and watery. When asked if he had consumed any alcohol that evening, the defendant stated to the officer that he had drank between one-half to one bottle of white Zinfandel strawberry wine and had 2 – 3 shots of Bacardi 151 proof. The officer found on the right front floorboard of defendant’s car three empty bottles of Arbor Mist Strawberry wine and one bottle of Bacardi 151 proof that was one-quarter full.

The investigating officer arrested the defendant for violating 23152(a) CVC, driving under the influence of an alcoholic beverage. He recommended the District Attorney charge defendant with the following offences:

1. 23153(a) CVC: Driving under the influence of an alcoholic beverage causing injury. [FELONY]
2. 23153(b) CVC: Driving under the influence of an alcoholic beverage, BAC .80% or more, causing injury. [FELONY]
3. 23140(a) CVC: Under 21 years of age driving with a BAC of .05% or more.

Continue reading "Sacramento Woman Struck By Driver Under Influence Suffers Traumatic Brain Injury, Part 2 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

IV. PLAINTIFF'’S ACUTE TRAUMATIC BRAIN INJURY

Plainitff was unconscious when fire rescue arrived on scene. She had a Glasgow Coma Scale (GCS) of only 3. Her jaw was clenched. Plainitff remembers riding in the car. She remembers the light was green. She does not remember any further information until approximately one week later when she woke up in the hospital.

When she arrived at Mercy San Juan Hospital, she had a GCS of 7. She was intubated and medically sedated. Plaintiff was admitted to ICU where she remained intubated and on mechanical ventilation for three days.

On May 6, 2006, he was noted to have a GCS of 8. He had waxing and waning mental status. A CT showed he had suffered hemorrhages of the brain. An EEG on May 7, 2006, indicated encephalopathy (brain damage).

On May 3, 2006, plaintiff's GCS was 14, near normal. She was noted to have right and left lower extremity weakness. She was also noted to have “impaired short-term memory.” Her behavior was impulsive and her speech was impaired.

Continue reading "Woman In Sacramento Suffers Brain Damage When Hit By Drunk Driver, Part 3 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

After being hospitalized at Mercy San Juan Hospital for 14 days, on May 15, 2006, plaintiff was transferred the U.C.D. Medical Center for further inpatient treatment. Upon transfer from Mercy San Juan, her diagnosis included:
 Closed head injury.
 Subarachnoid hemorrhage.
 Diffuse axonal injury.
 C2 fracture anterior aspect of the lateral mass.

Plaintiff remained at UC Davis Medical Center for 22 days where she was treated for a traumatic brain injury. In total, she was hospitalized for 35 days.

V. PLAINTIFF'’S CONTINUING COGNITIVE IMPAIRMENTS
Since the collision plaintiff has been evaluated by three medical experts. Their reports are attached as Exhibits and their findings are discussed below.

1. Alan D. Shonkoff, Ph.D. Dr. Shonkoff was retained by defendant. He examined plaintiff on April 22, 2007, and administered some tests. In his reports he states:

[Plaintiff] clearly sustained a significant head trauma in the 5/1/06 accident. As mentioned, paramedics at the accident scene described her as unresponsive with serial Glasgow Coma Scale scores of 3. She was subsequently intubated and medically sedated.

Continue reading "Woman Hit By Sacramento Drunk Driver Suffers Traumatic Brain Injury, Part 4 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Dr. Allen’s report confirms that plaintiff suffered “cortical brain damage based on radiological and electroencephalographic test findings.” In his report Dr. Allen states:
“In my professional opinion, [plaintiff] has sustained significant damage to her brain, which has demonstrated lowered performance over a period of one year following her automobile accident. It is indicated that she has permanent impairment.

I concur with Dr. Shonkoff in concluding that there has been improvement in some areas of functioning. [Plaintiff’s] functioning in the complex abstract thinking realm, remains moderate to severely impaired. This is also true difficulty learning some left hemisphere mediated tasks.

It is indicated and is my opinion that her automobile accident and subsequent injury will limit occupational functioning in may areas. However, it cannot be determined from these neuropsychological evaluations what his future occupational interests will be, and referral for occupational counseling is suggested.

There is also concern that the level of impairment (moderate to severe) with the significant period of unconsciousness will cause him significantly vulnerability to further brain damage upon any future trauma to his brain. Based on the available information and what is becoming apparent from the research on repeat head trauma patients, she is twice as likely as individuals who have not experienced head trauma to develop damage should a second concussion or major injury occur.

Continue reading "Sacramento Drunk Driver Hits Woman Who Suffers Traumatic Brain Injury, Part 5 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Eric Van Ostrand, M.D. Dr. Van Ostrand is a physician and a board-certified neurologist.He was retained by plaintiff. Dr. Van Ostrand’s report sets forth [plaintiff's] diagnosis as follows:
a. Severe traumatic brain injury based upon clinical history and radiographic findings, sustained 04/28/07.
b. Mood instability, irritability causally related to traumatic brain injury.
c. Impaired short-term recall, causally related to the subject accident.
d. Impaired fine motor control and overall agility, causally related to traumatic brain injury.
e. Central nervous system radiographic findings documenting traumatic subarachnoid hemorrhage, multiple cerebral contusions and diffuse axonal injury.
f. Impaired right-sided hearing, causally related to subject accident based upon temporal relationship. Multiple potential etiologies. Further comment deferred to ENT specialist.
g. Possible early post-traumatic seizure. Abnormal EEG suggesting increased risk of epilepsy.

Continue reading "Sacramento Woman Hit By Drunk Driver Suffers Brain Damage, Part 6 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

INCREASED RISK OF FUTURE SEIZURES
Dr. Van Ostrand discusses plaintiff’s increased risk of seizures as follows:
“In regards to her future risk of seizures, the currently available neurology literature is replete with studies demonstrating an increased risk of seizures following a traumatic brain injury. It is possible that she had a seizure at the scene of the subject accident based on the report that she had a clenched jaw at that time. It should also be noted that her post accident EEG was abnormal and may reflect evidence of cortical irritability. Such a finding may suggest an increased risk for the subsequent development of seizures. The risk of not only early but late post-traumatic seizures increasing with the severity of traumatic brain injury. One study investigated 5,984 episodes of traumatic brain injury (Seizures, Vol. 9, Issue 7, pages 453-457, J. Annegers) and found a relative risk of 17.2 for the development of seizures following a severe traumatic brain injury. Although the risk of seizures decreases with each passing year, traumatic brain injury patients are still considered to be at risk of subsequent seizures for 15 or more years following the brain injury.”

INCREASED RISK OF ALZHEIMER’S DEMENTIA
Recent studies have reported that persons who suffer a traumatic brain injury like [plaintiff], have an increased risk of developing Alzheimer’s dementia in old age. Dr. Van Ostrand comments on this in his report, stating the following:

Continue reading "Drunk Driver Leaves Sacramento Woman With Brain Damage, Part 7 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

RISK OF ALZHEIMER'S cont.

In Neuropsychiatric Reviews, October of 2000, Vol. 1, #5, Dr. Trojanowski comments that, “Recent studies have provided very strong evidence that there is a connection between head trauma and at least some of the pathology of Alzheimer’s disease. Dr. Brenda L. Plassman, Ph.D., director of the program in epidemiology of dementia at Duke University Medical Center is quoted as saying, “Positive series outnumber negative ones (in terms of the causal relationship between traumatic brain injury and the development of Alzheimer’s dementia.”

This article cited a study which involved the telephone screening of more than World War II veterans who had suffered a head injury. What was found was that veterans who suffered a severe traumatic brain injury were noted to be at increased risk for ultimately developing Alzheimer’s dementia. The link between traumatic brain injury and the development of Alzheimer’s dementia has been found to be particularly strong in male patients. No pathophysiological explanation for this phenomenon has been firmly established.

It should be also noted that according to the American Journal of Epidemiology, Vol. 149, #1: pages 33-40, ‘Results suggest that traumatic brain injury reduces the time to onset of Alzheimer’s disease among persons at risk of developing the disease.’ Based upon my review of the currently available neurology literature, it is my opinion that plaintiff faces an increased risk for developing Alzheimer’s in the future as a direct result of this severe traumatic brain injury.”

Continue reading "Sacramento Woman Left With Brain Damage When Struck By Drunk Driver, Part 8 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

X. SPECIAL DAMAGES
Plaintiff was rushed by ambulance to Mercy San Juan Hospital. After 14 days she was transferred to U.C.Davis Medical Center where she was hospitalized for 22 additional days. The bills for the foregoing are as follows.
Sacramento Metropolitan Fire District $ 1,021.97
UC Davis Med Center $ 150,450.62
Mercy San Juan Hospital $ 210,437.00
TOTAL DAMAGES $ 361,909.59

At time of trial plaintiff will be entitled to present to the jury the sum of $361,909.59, itemized above. Plaintiff’s medical bills are referenced below. Plaintiff has also been served with a lien from Catholic Healthcare West for Mercy San Juan Hospital in the sum of $210,437.00. There remains no Medi-Cal lien for these charges as it has been withdrawn. Catholic Healthcare West has refunded all monies received from Medi-Cal and the Medi-Cal lien is cancelled because the defendant tortfeasors are insured and Medi-Cal is, by statute, the payer of last resort.

XI. SETTLEMENT OFFERS
Plaintiff has sued Chris Brown for compensatory and punitive damages as a result of his drunk driving. Plaintiff is also entitled to an award of attorney fees if defendant is convicted of a felony. In addition, plaintiff has sued Paul and Mary Brown for negligent entrustment of the vehicle to their son.

The defendants are insured by Allstate Insurance with policy limits of $500,000 per accident plus an umbrella in the sum of $1,000,000. Total insurance coverage available for all three claims arising from the collision is, therefore, $1,500,000.

Continue reading "Woman Suffers Traumatic Brain Injury When Struck By Sacramento Drunk Driver, Part 9 of 10" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

B. Joint Offer from All Plaintiffs
On September 15, 2007, all three plaintiffs in this action joined in renewing a policy limit offer to settle the entire case. A copy of that offer states the following:

“As you know, your clients have been sued for compensation and punitive damages following a drunken driving crash caused by Mr. Brown. His parents were sued for negligent entrustment. The plaintiffs have suffered serious injuries including brain damage and fractures requiring hospitalization. Please see plaintiffs’ Mediation Briefs for a further description of their injuries and economic damages.

All three plaintiffs in this case, by and through their respective attorneys, previously offered to jointly accept payment of the Defendants’ full policy limits of coverage (two policies totaling $1,500,000.00) in settlement of this case.

Please allow this letter to again alert you, Allstate Insurance, and the defendants’ insurance adjustors that plaintiffs’ combined global settlement offer is again offered by all three plaintiffs, by and through their respective counsel, and is available to provide all three of your clients with a complete and full release of all claims against them. In addition, the plaintiffs will extinguish all liens.

Stated another way, if Allstate Insurance Company agrees to pay to the injured plaintiffs the limits of the insurance coverage previously purchased by the Brown family from Allstate, then the Brown family (Chris, Mary and Paul) will be forever finished with the litigation and will be fully released from any further claim for compensatory and/or punitive damages. The case will be over.

Continue reading "Sacramento Drunk Driver Injures Woman, Causing Brain Damage, Part 10 of 10" »