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Student Receives Settlement Despite Defense Maneuvering

Type of Case: Personal injury, pedestrian accident
Type of Injuries: Knee, back and traumatic brain injury
Case Name: Confidential
Court: Norfolk Circuit Court
Case No: Confidential
Settled: $1,450,000
Special Damages: Medical bills: $44,413
Date: July 30, 2007
Insurance Carriers: St Paul and AIG
Plaintiff’s Attorneys: O.L. “Buzz” Gilbert, Julia Keller and Laurence Land, Norfolk

Infant plaintiff, age 14, was walking to school on the shoulder of a roadway when he was struck from behind by a driver in the scope of his employment. Plaintiff was, for a time, unconscious at the scene. He had knee and back injuries as well as a traumatic closed head injury to his frontal lobe. This frontal lobe injury affected his “executive functioning” ability. He thereafter failed two grades and struggled in school. The defense claimed that he suffered from a genetic disorder “Marfan Syndrome”. Plaintiff was examined by the head of genetics at the Children’s Hospital of the Kings Daughters and underwent DNA testing. He did not have Marfan Syndrome as claimed by defense expert.