Westbrook continued her out-of-control driving and slammed into the concrete center divider at approximately 50 miles per hour. The center divider between eastbound and westbound traffic is approximately 4 feet to 5 feet across and approximately 10 inches high. Upon impact with the center divider, Ms. Westbrook’s Acura NSX went airborne and flew across the center divider and into oncoming eastbound traffic.
Ms. Westbrook crossed through the #1 and #2 lanes of eastbound traffic and smashed violently into the side of Mrs. DOE vehicle. The force of the impact rendered Mrs. DOE unconscious and destroyed both vehicles. When the paramedics arrived, they had to cut the steering wheel away so that she could be extracted from her vehicle. The accident left Mrs. DOE with very serious and permanent injuries.
SPECIAL DAMAGES
As noted previously, Mrs. DOE was unconscious at the scene due to a
concussion. She was taken by ambulance to the trauma unit at Sharp Memorial Hospital with blunt head/chest/abdomen injuries along with a severe injury to the lateral aspect of her left lower leg. At the hospital she continued to suffer from post-concussion syndrome and could not recall the events surrounding the accident.
A CT scan of her head, face, neck and abdomen was performed. She was then cleared for surgery to close the gaping wound and to repair the severe crush injury to her left leg. Surgery was performed where a debridement and fasciocutaneous flap was totaled superiorly and inferiorly so that the wound could be closed. This flap-type repair was necessary due to the large amount of crushed tissue; which, as mentioned before, had to be significantly debrided. A significant portion of her calf muscle had to be cut away and disposed of during this surgery. After three days at the hospital, she was sent home in a wheelchair which she remained in for approximately one week. After ridding herself of the wheelchair, she was forced to use crutches for the next 3-4 weeks.
Less than a month later, during a follow-up with her surgeon, the wound to her left leg was noted to be gaping and inflamed. This necessitated an additional surgical re-excision and debriding session on 7/23/99. Following this session, the wound was undermined and closed secondarily. On 1/14/00 this surgery was followed up with yet another surgical excision procedure. The “S” shaped hypertrophic keloid scar on her left leg is extremely visible and unsightly to this day and doctors do not believe that any future surgeries will alleviate this problem. The total length of the scar is approximately 10 inches. It is 3 cm wide. The skin is very thin in and around the scar area. Mrs. DOE dorsiflexion has suffered severely due to the injury and she has decreased sensation in the left superficial peroneal nerve.
PAIN & SUFFERING
As mentioned previously, Mrs. DOE was knocked unconscious as a result of the impact. She does not recall any of the events prior to, and immediately after, the accident. When her children cried out to her at the accident scene and she did not respond, they thought she had died as a result of the impact. Obviously, this was devastating to Emily and Kyle.
Her first memory of the accident after she regained consciousness was of a firefighter using a form of a saw to cut the steering wheel away from her chest. Her body was forced into a very small space between the steering wheel and the seat. This brutal pressure on her chest caused her an extreme amount of pain that she still suffers from today. After an ambulance ride that Mrs. DOE does not fully recall, she was admitted to the trauma unit at Sharp
Memorial Hospital where she was prepped for surgery. Prior to the actual surgery being performed, she had to undergo an extensive debriding session. Debridement involves the stripping and cleansing of the wound. It is a extremely painful procedure that Mrs. DOE has had to go through three times so far with one more procedure planned in the future.
From approximately June until October, her days consisted solely of consuming large amounts of pain killers, changing her bandages three times per day and attending her appointments with her healthcare providers. Almost every night when she went to bed she would stain the sheets from the pus and blood oozing from her wound. While the intense pain that she suffered from during this four month rehabilitation period has subsided somewhat, Mrs. DOE still suffers from pain on a daily basis. Most of her complaints originate from the injury to her left leg. Because of the damage to the underlying muscle and tissue of the leg, she has weakness of dorsiflexion and numbness in her left foot. The leg has also atrophied. This causes her to walk or limp in an unusual manner. Because she does not ambulate like she did prior to the accident, her left hip and lower back have been forced out of alignment. This makes the simple task of walking a very painful and arduous process. Her physical therapist recently prescribed a cane to assist her when she must walk long distances. Using a cane in order to walk is obviously a crushing blow to a 31 year-old female who was healthy, active and attractive prior to 6/30/99.
The scar itself also hurts her. It is described by her doctor as a “deep undulating serpiginous scar”. Her skin is very thin in this area and very tight. Simply walking puts a tremendous amount of pressure on the scar. While she generally avoids stooping or squatting, occasionally she must do so and the pain increases dramatically when she does.
Currently, however, she is unable to work and unable to participate in her children’s lives like she used to do prior to the accident. She must also rely upon her husband for basic things she was used to doing herself. This, along with the unsightliness of the scar itself, has caused a dramatic loss of self esteem in Mrs. DOE. She is depressed over her situation and the realization that she will never be the same person she was prior to your insured’s extreme negligence. Even worse is the fact that she feels like a “burden” to her family. According to Kathryn, this is one of the most devastating effects the accident has had upon her life.
LOST EARNINGS
Prior to the accident, Mrs. DOE worked approximately 15-20 hours per week as a waitress at the Tickled Trout in Mission Valley. As noted previously her family depends on her income. She earns approximately $17,000 per year. She attempted to go back to work in late 11/99, but was unable to continue to work due to the pain in her leg. She has current loss of earnings of approximately $9,516.00.
FUTURE LOST EARNINGS
As discussed in Dr. Lee’s report and Dr. Anthony’s notes, Mrs. DuBois cannot perform work which requires prolonged stooping or squatting since this will place undue tension on the scar. This limitation prevents Mrs. DuBois from waitressing in the future. Gene Bruno, a vocational rehabilitation expert, has conducted an analysis of Mrs. DOE’s rehabilitation needs and vocational potential. Mr. Bruno noted that prior to her injury, Mrs. DOE was working as a waitress earning approximately $17,000.00 per year (gross) on a part-time basis. She enjoyed this type of work and felt she was good at it. In light of her limited education, this occupation enabled Mrs. DOE to earn a good wage. It further entailed flexible hours, which enabled her to meet the needs of her family.
Due to her injuries, she is now unable to function as a waitress even with accommodations. She could probably work as a restaurant cashier, however, this occupation earns approximately $5.75 per hour as a starting wage and $8.05 per hour after three years with the restaurant. Further, there are no tips involved in this line of work. In the end, Mrs. DOE would earn considerably less working full time as a cashier than she did working part-time as a waitress. In addition, she would not receive the job satisfaction that she had working as a waitress.
As an alternate occupation, Mrs. DOE has expressed an interest in becoming a pre-school teacher. To obtain employment as a pre-school teacher in a private school, Mrs. DOE would require 12 semester units in Early Childhood Development and six
months of work experience in a licensed day care center. The exertional requirements of this occupation may exceed her physical limitations. In the final analysis however,
she would earn less working as a pre-school teacher on a full-time basis than she did working as a waitress on a part-time basis.
The insurance carrier representing Westbrook was USAA. Westbrook’s attorney was Bryce Willett, Esq. The case resolved for $329,000.00.
