Personal Injury Law

Brain-Damaged Sacramento Woman Wins Verdict Against City, Part 7 of 9

By Moseley Collins, Esq.

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

As to Defendant's seven purported "false assumptions" that supposedly make the evidence presented in this traumatic brain injury case "insignificant," the Plaintiff would respond as follows:

Not one of Plaintiff's witnesses knew of the existence of the sub rosa video prior to their testimony. Despite Defendant's contention that the "sub rosa" contradicts the weight of the evidence, Plaintiffs family testified 1) that plaintiff was able to leave the house by herself on occasion and in fact had confusedly wandered in the neighborhood on occasion; 2) that plaintiff was able to dress herself on occasion, but more frequently than not needs assistance; 3) that plaintiff could move her arm somewhat, and that her movement and rotation in her left arm had reduced over recent months; 4) that plaintiff required supervision and was not the same since the collision and that the family tries to watch her as much as they can; 5) that plaintiff could walk unassisted on occasion, having good days and bad days.

Further, Plaintiffs experts testified that Plaintiff's future care needs would range from a level 2 to level 3 environment, which is contrary to Defendant's moving papers that suggest all evidence proffered by plaintiff suggested she would need no less than "24 hours a day, every day" care post-auto accident. Further, Plaintiffs expert Patti Green testified that Ms. Lee future surgical needs were suggested, but yet unknown pending further testing.

Full post as published by Sacramento Injury Lawyer Blog on January 18, 2010 (boomark / email).