Facts

On Jan. 5, 2008, April Macias, 37, was driving westbound on Highway 198 with her two minor children, Korin, 16, and Michael, 14, in her 2005 Ford Excursion. At the same time, a 75-year-old employee of the State of California driving a State vehicle, was traveling eastbound on Highway 198.

The State employee turned left directly in front of plaintiff's vehicle causing her to collide with the broadside of the State vehicle. The brunt of the impact was felt in the left front of the vehicle where April was sitting. April lost consciousness and had to be carried out of the car through the rear window by her two minor children.

After the accident, April, Michael and Korin were transported by ambulance to a local hospital for medical treatment.

Damages

As a result of her injuries, April was unable to return to work. At the time of the accident, April worked in a deli as a food preparer. She had taken this job in order to have more time to raise her children. Prior to working as a food preparer, April worked as an administrative assistant/secretary. Due to the injuries to her hands, plaintiff's secretarial abilities were severely limited. Plaintiff claimed past and future lost income, loss of earning capacity and past and future medical expenses. Michael and Korin claimed damages for negligent infliction of emotional distress both as bystanders and as direct victims.

Injuries

At the scene of the accident, April complained of head, neck, shoulder, hips, legs and back pain. She was later diagnosed as having suffered a concussion as well as a cervical sprain/strain with radicular symptoms, a left AC joint tear, left shoulder internal derangement and positive impingement sign, lumbar sprain/strain, rib contusion and coastal chondritis. In addition, she underwent six surgeries to treat neuropathy in her left wrist and upper extremities. Even after the surgeries, she suffered chronic pain in her hands, back and neck. Michael and Korin suffered abrasions and contusions to their face and bodies. Korin was also diagnosed with bursitis in her left tricep.

Result

The case settled for $2.5 million during mediation before Michelle Reinglass, Esq.