Facts

Plaintiff LeAnne Sousa was a 29-year-old credit union employee and mother of two small children. Sousa was injured in an intersection collision in Santa Rosa when defendant Teaching Living Concepts' employee, while driving a van transporting special-needs passengers, ran a red light and broadsided Sousa's car. Sousa's window was down and Sousa's fingers became caught between the doorjamb and pavement when her vehicle tipped onto its driver's side. Sousa suffered a crush injury to the tops of her fingers that resulted in some functional impairment and chronic pain.

Sousa was involuntarily terminated from her job as a training coordinator when her Family Medical Leave ran out in March 2006 at a time she was still medically precluded from returning to work. Sousa had a high school diploma and had been grandfathered into a position that required a college degree. By June 2006, Sousa's finances required that she and her family relocate to North Carolina, where Sousa received assistance from her parents. Sousa chose to pursue a college degree in order to obtain a job that paid the same or more than the job she lost.

DEFENDANT'S CONTENTIONS:
At trial, defendant admitted it caused the collision but disputed Sousa's injuries and losses. The defendant contended that Sousa failed to mitigate her damages because she had not obtained alternative employment when her medical restrictions ended in July 2006 and that her decision to return to school to pursue a college degree was a lifestyle choice. The defendant further argued that Sousa had not had any real medical care or treatment since January 2007.

Injuries

Sousa suffered hand degloving; crush-injury, non-dominant hand; torn tendons; crushed nerves; and finger fractures. Immediately after the accident, Sousa was transported to Santa Rosa Medical Center where she underwent emergency surgery. After months of recovery and physical therapy, Sousa still had trouble with pain and swelling and had difficulty gripping small objects. Scarring and pain prevented her from making a complete fist.

Result

The jury found for Sousa and the court awarded her damages.