Plaintiff physician claims accident caused TBI. Defense verdict. Contra Costa County.

Facts and Background

• Facts and Background:

  Plaintiffs alleged a negligence cause of action against defendants stemming from a motor vehicle collision occurring on July 15, 2015. Plaintiffs alleged defendant drove through the intersection, causing the subject accident plaintiffs’ personal injury.

  Defendants denied liability for the accident and asserted plaintiff’s own conduct caused the subject accident, which was confirmed when it was determined through verifiable data that plaintiff ran the stop sign at the intersection just prior to the subject accident. The data from plaintiff’s vehicle also revealed an unexplainable wheel turn which defendants contended was an indication of inattention while operating her vehicle.

• Plaintiff's Contentions:

  That defendant driver's negligence caused the collision. That plaintiff medical doctor, a pediatrician, suffered a mild traumatic brain injury, which prevented her from performing her medical professional duties at the same capacity as prior to the incident. Her husband alleged loss of consortium in the loss of home services due to his wife's traumatic brain injury and cognitive defects.

• Defendant's Contentions:

  That plaintiff driver was the sole cause of the subject accident and injuries and damages stemming therefrom by failing to stop at the intersection prior to proceeding straight. Despite plaintiff's continued assertion and belief she did stop to ensure safety, the data from her vehicle confirmed she did not stop and there was an unexplained turn of the wheel prior to the impact, which defendants contended was an indication of inattentiveness.

  Defendants further alleged the subject accident was not the cause of plaintiffs' alleged workplace insufficiencies or loss-of-consortium claims.