Injury Dispute In Previous Truck Accident

Type of action: Auto collision
Injuries alleged: Traumatic brain injury, soft tissue spinal injuries
Name of case: Confidential
Tried before: Mediation
Name of mediator: Thomas Shadrick
Special damages: $80,000 medical bills
Verdict or Settlement: Settlement
Amount: $1,250,000
Date: July 24, 2009
Plaintiff’s attorneys: O.L. “Buz” Gilbert, Norfolk; Stephen M. Smith, Hampton; G. Daniel Forbes

Plaintiff, a 35-year-old truck driver, was seriously injured when his truck was struck by another and forced off the road into trees. Defendant admitted liability. The issue in the case was the extent of injury and causation. The plaintiff had two prior closed head injuries as a small child and as a teen. Each of these prior injuries was more serious than the closed head trauma in this case.

Defense experts opined that the plaintiff sustained no closed head injury and that his difficulties pre-dated the collision as evidenced by learning disabilities, depression and anger management.

Plaintiff’s experts contended that plaintiff’s disabilities, which included the inability to return to employment, were caused by a closed head injury in the subject collision, made worse by the fact that he had had multiple prior injuries.

[09-T-151]