|
head on freeway collision - accident
This action involved a tragic incident wherein on July 10, 2001, Defendant truck
driver was driving an a semi-truck in the course and scope of his employment delivering
beer. Defendant truck driver became distracted by a bee that flew in the window of the
truck. While trying to kill the bee with a check guarantee stamper Defendant truck driver
crossed over the center divider of state route 74 and struck the vehicle in which, Plaintiff
was a passenger. The impact was head-on at approximately 50 mph. As a result of the
incident, Plaintiff sustained severe injuries.
Defendant contended that Plaintiff had extensive medical problems before the
accident. Defendant contended that Plaintiff’s prior medical problems was evidenced by
the fact that at the time of the accident Plaintiff was on her way from having an exploratory
GI endoscopy. Plaintiff had been hospitalized three weeks before the accident for
congestive heart failure, six months before the accident for pneumonia and for
approximately one year before the accident for a quadruple bypass surgery. Plaintiff had
a previous history of at least one prior stroke, fractured hip numerous other fractures,
numerous hospitalizations for a congestive heart failure, insulin dependant diabetes,
diabetes neuropathy, asthma, emphysema, chronic pulmonary obstructive disease,
hypothyroism and high blood pressure. Plaintiff’s medical condition before the accident
was such that plaintiff had a caretaker 4 hours per day and she had been 100%
permanently disabled for the past 26 years due to her diabetes. Further, plaintiff was only
hospitalized for 3 days after the accident and then discharged home. Plaintiff remained
home for an additional 5 days and then was hospitalized for chest pain and shortness of
breath. Defendants initially contended that all hospitalizations after the initial 3 days were
not accident related and then took the position that all medical care after June 2002 was
not accident related. Defendants contend that plaintiff’s pre-existing medical condition and
accident related injuries were such that plaintiff’s life expectancy in all probability was no
more than one year.
* Results may vary depending on your particular facts and legal circumstances. Because every case is different, the descriptions of awards and cases previously handled are not meant to be a guarantee of success.
|
