Defendants admit liability, but dispute cause of injuries in left-turn crash. $2.36M. San Mateo County.
Summary
Left-turn collision results in ulnar nerve damage, complaints of disability.
The Case
- Case Name: Anderson v. Kraus
- Court and Case Number: San Mateo County Superior Court / 19 CIV 03362
- Date of Verdict or Judgment: Tuesday, May 28, 2024
- Date Action was Filed: Friday, June 14, 2019
- Type of Case: Negligence, Vehicles - Auto vs. Auto, Vehicles - Left Turn
- Judge or Arbitrator(s): Hon. Susan Greenberg
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Plaintiffs: Sandra Kay Anderson, 72
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Defendants: Harrison Louis KrausJulie Beth Kraus
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $2,360,000
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Non-Economic Damages:
Past: $1,000,000
Future: $1,360,000
- Trial or Arbitration Time: 6 weeks (5 1/2 days of evidence)
- Jury Deliberation Time: 2 hours
The Attorneys
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Attorney for the Plaintiff:
Kramer Trial Lawyers by Dan Kramer and Teresa Johnson, Los Angeles.
Pratt Law Corporation by Colleen Pratt, Long Beach.
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Attorney for the Defendant:
Kern Segal & Murray by Philip Segal and Grace Harriett, Daly City.
The Experts
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Plaintiff’s Medical Expert(s):
Russell Nord, M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
George Thabit, M.D., orthopedic surgery.
William Hoddick, M.D., radiology.
Facts and Background
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Facts and Background:
On October 22, 2018, defendant Harrison Louis Kraus was driving his mother’s car in Pacifica on Highway 1. Defendant driver made a left turn in front of plaintiff’s vehicle, causing the front of her vehicle to impact with the side of his vehicle. As a result of the collision, plaintiff sustained serious injuries, including burns to the right side of her body from the airbags deploying and nerve damage to her right elbow that required surgery in March 2019.
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Plaintiff's Contentions:
That as a result of the crash, plaintiff sustained an injury to her ulnar nerve in her right elbow that led to numbness, tingling, loss of sensation and strength in her fingers and hand and that required surgery. Plaintiff also contended that as a result of the crash, surgery, and immobilization following surgery, her pre-existing osteoarthritis was aggravated and led to loss of function and range of motion in her right elbow and shoulder.
Plaintiff never regained full strength or feeling in her right pinky or ring fingers. Plaintiff’s injuries seriously impacted her ability to engage in everyday activities, including her job as a swimming instructor, which she had to stop following the crash.
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Defendant's Contentions:
The defendants acknowledged from the beginning that plaintiff sustained injuries, but disputed the nature and extent the accident played in her current disabled-for-life condition related to the accident.
Instead, the defense contended that a majority of the current disability was due to the pre-existing osteoarthritis.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Injury to ulnar nerve at right elbow causing pain and weakness; aggravation of pre-existing osteoarthritis causing stiffness and limited range of motion.
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Pain and suffering (non economic) damages.
Special Damages
- Special Damages Claimed - Past Medical: None
- Special Damages Claimed - Future Medical: None
- Special Damages Claimed - Past Lost Earnings: None
- Special Damages Claimed - Future Lost Earnings: None
Additional Notes
Plaintiff waived past medical expenses and lost earnings. At trial, plaintiff only sought past and future non-economic damages.
Defendants asked the jury to award $250,000 at trial. The highest pre-trial offer by defendants was $750,000 in June 2023. Plaintiff had demanded $925,000 by C.C.P. 998 in February 2021. With interest and costs, the total judgment will be around $3,500,000.
Per defense counsel:
The demand before trial was $6,000,000 even. Plaintiff's counsel asked the jury to award over $27,000,000.
The 998 prejudgment interest is disputed. The verdict should be less than $2.6 million after legitimate costs of suit.