The plaintiff was injured when her parked recreational vehicle was struck by a tractor-trailer operated by the defendant. The day after the accident, the plaintiff treated for neck pain. Her medical records showed that she had been treated for foot and back pain several weeks prior the accident. Some weeks after the accident, the plaintiff was diagnosed with a staph infection which lead to surgery and extensive and painful recovery. She was left with a permanent partial disability.
The trial court found that the defendant was negligent and was liable for all damages proximately caused by the accident, however the plaintiff had proven causation only with respect to her neck injury. The foot and back pain existed prior to the accident and she could not show that the staph infection was in any way caused by the accident. She was awarded economic damages of $5,148.25 and non-economic damages of $10,000.
Idzik-Starr v. Hunter, No. CV-15-6029961 (8/31/18)