$516,973 Verdict

The plaintiff was a 31-year-old man who was injured in a rear-end collision. He sued the other driver.The accident happened on Aug. 17, 1998. The plaintiff was slowing for an intersection when his car was rear-ended at low speed by the defendant. Initially, the plaintiff reported only soft tissue injuries for which he sought treatment by a chiropractor. He returned to work and was restricted to light duty for two weeks, but stopped because of pain from his injuries. His co-workers reported that his personality appeared different and he seemed to be suffering from memory loss.The chiropractor referred the plaintiff to a neurosurgeon after six weeks of treatment failed to bring relief. The neurosurgeon found that he had suffered a traumatic injury in the right frontal portion of the brain. At the time of the accident, the plaintiff said he did not strike his head. But later he said his head did strike the head-rest. The neurosurgeon testified that a low impact collision in which the back of the head strikes the head-rest can result in traumatic injury to the front of the brain due to the movement of the brain within the skull. He also said that the plaintiff's excellent work record up to the time of the car accident, and inability to work after the accident, showed that the accident was the source of the injury.The defendant claimed that the accident could not have caused traumatic brain injury because it was a low impact collision and the plaintiff did not strike his head and was not knocked unconscious. He also argued that since the plaintiff did not claim injury at the scene and did not report memory problems until six weeks later, the accident did not cause the injury. The defendant's expert testified that the injury could not have been traumatic because of the lack of blood around the injury. He said that the plaintiff's symptoms had another source. The defendant also disputed the extent of the plaintiff's memory loss and claimed he could return to work.

Type of Action: Automobile accident

Type of Injuries: Closed head injury, memory loss, personality change

Court/Case Number/Date: Jasper County Circuit Court/CV196-0840CC/July 23, 1998

Caption: White v. Lee

Judge, Jury, or ADR: Jury

Name of Judge: Jon Dermott

Special Damages Claimed: $16,983.55 past medical expense

Verdict or Settlement: $516,973.55 verdict

Allocation of Fault: 100 percent to defendant

Last Offer: $100,000

Last Demand: $350,000

Attorneys for Plaintiff: Scott Gallagher and Roger A. Johnson, Joplin

Insurance Carrier: State Farm Mutual Insurance Co.

Plaintiff's Experts: Dr. Arthur Daus, Joplin (neurosurgeon); Dale Halfaker, Springfield (neuropsychologist); Wayne Paul, Joplin (psychologist); Henrik Seifert, Joplin (chiropractor); Wilbur Swearingen, Springfield (vocational rehabilitation)

Defendant's Experts: Dr. Terry Bacon, Joplin (neuroradiologist); Dr. William Havins, Joplin (neuropsychologist)