Keith J. Paterson, Karen E. Chrisman v. Annette P. Smith, Larisa Annette Thurston
Published: Feb. 11, 2012 | Result Date: Nov. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: M102987 Verdict – Paterson-$44k; Chrisman-$90k
Court
Monterey Superior
Attorneys
Plaintiff
Gregory E. Bullard
(Woodruff, Spradlin & Smart)
Defendant
Ellen S. Lyons
(Office of the Monterey County Counsel)
Experts
Plaintiff
Pamela Harp
(medical)
James M. Franklin
(medical)
Charles E. Krpata
(medical)
Christopher M. Meckel
(medical)
Defendant
Gordon L. Levin M.D.
(medical)
Facts
Keith Paterson, age 77, was walking across the street with his wife, Karen Chrisman, age 70, in a crosswalk when they were both struck by a vehicle operated by Larisa Thurston. The elderly couple sued Thurston and the vehicle's owner, Annette Smith, Thurston's mother, for negligence and vicarious liability. Defendants stipulated to liability.
Damages
Paterson sought $794,494 in damages. Chrisman sought $918,641 in damages.
Injuries
The elderly couple was transported to the emergency room by ambulance. Paterson sustained fractures to his left leg, an alleged torn medial meniscus, an alleged need for a total knee replacement, lacerations to the front and back of his head, requiring dozens of stitches, bruised ribs and an alleged concussion. He also allegedly suffered loss of consciousness, post-concussive syndrome, and aggravation of pre-existing arthritis. He later suffered a fractured wrist, and a fractured pelvis and left hip as the result of a fall that was caused allegedly by his weakened left knee, weakened, i.e., by the accident. He had on-going left knee problems underwent and continued to suffer from ongoing pain, discomfort and limitations, which left him depressed. Chrisman suffered a fracture on her left ankle, which resulted in a crush injury. A metal plate and screws were inserted in her left ankle. She additionally allegedly suffered from traumatic arthritis, and continued to suffer from discomfort and limitations. She also allegedly suffered from post traumatic stress disorder and depression due to the accident. She witnessed the accident occur and thought that her husband had been killed. She witnessed him thrown onto the hood of Defendant's vehicle and saw him drop to the street. She sought psychological counseling. Both plaintiffs alleged that their lives had been irreparably damaged and they were both no longer the same and at their advanced ages this compounded their problems. Defendants disputed the nature, extent, and causation of plaintiffs' injuries.
Result
The jury awarded Paterson $44,614 in damages; Chrisman $90,693.
Other Information
The jury verdict was in accord with what defense counsel recommended.
Deliberation
1.5 hours
Poll
12-0 regarding special damages. Defendants applied Howell numbers; 10-2 (Paterson's general damages), 11-1 (Chrisman's future general damages), 9-3 (Chrisman's general damages
Length
eight days
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