Negligence – Personal Injury – Truck and Car Collision – Mild Brain Injury

Type of Action — Negligence

Type of Injuries — Mild traumatic brain injury, balance dysfunction and post traumatic stress disorder

Name of Case — Collins v. AAA Disposal Service Inc. et al.

Court / Case No. — Fairfax Circuit Court / At Law No. 196030

Judge or Jury — Jury

Name of Judge — Kathleen H. MacKay

Special Damages — Past medical bills of $73,000. There was no past lost wage claim, but there was a claim for the reduction in future earnings and for future medical and other expenses.

Damages Awarded / Settled — Awarded

Amount — $2,025,200 ($2 million plus interest on medical expenses from date of collision)

Highest Offer — $750,000

Lowest Demand — $1.4 million

Submitting

Attorneys for Plaintiff — Peter S. Everett and Leah M. Garcia, Fairfax, and Thomas J. Curcio, Alexandria

Plaintiff’s Experts — Dr. Ruben Cintron, neurologist, Reston (nature and extent of brain injury and permanency); Dr. Jennie Crim, psychologist, Fairfax (post traumatic stress disorder and emotional impact of cognitive deficits); Dr. David Hebda, neuropsychologist, Manassas (cognitive deficits, especially in verbal memory, based on neuropsychological testing); Dr. Gregory O’Shanick, neuropsychiatrist, Richmond (nature and extent of brain injury, cognitive deficits, balance dysfunction, post concussion syndrome); Peder Melberg, vocational rehabilitation expert, Richmond (diminished earning capacity); Dr. Robert Voogt, life care planner / TBI rehabilitation expert, Virginia Beach (future medical expenses and other care costs); Dr. Thomas Borzilleri, economist, Bethesda, Md. (present value of lost earnings and future care costs); John J. Smith, biomechanics expert, Parker, Colo. (general principles of physics as they pertain to the mechanics of rear-end collisions and body movement); Joseph Troilo, truck-safety expert, Brandy Station (braking, federal regulations, weight violations); Diane Wiley, jury consultant, Minneapolis, Minn. (jury selection, voir dire); and Allen Shinder, demonstrative-evidence expert, Annandale (concepts and preparation of demonstrative exhibits for trial)

Defendants’ Experts — Dr. Bruce Smoller, psychiatrist, Chevy Chase, Md; Dr. Edward Peck, neuropsychologist, Richmond; Dr. Kimberly Salata, phychiatrist, Winchester (brain injury rehabilitation); Dr. Ian Wattenmaker, orthopedic surgeon, Reston; and Gregory Manning, accident-reconstruction specialist, Centreville, Md.

Insurance Carrier — Self-insured to $1 million; AIG above $1 million

Other Useful Information — On May 18, 1998, a 42,000-pound AAA Disposal Service trash truck hit the plaintiff’s 2,611-pound Honda Civic as she sat in rush hour traffic in Reston. The truck had defective brakes and violated its maximum allowable weight on its rear axle by 12,200 pounds. In addition, it was driven by a new driver on his first day driving a route, 13 hours into his workday. Discovery uncovered a document that proved AAA knew the truck needed a brake job 2½ hours before the wreck.

The plaintiff, a 28-year-old architect, did not lose consciousness, but she did experience an alteration in consciousness, sufficient to sustain a mild traumatic brain injury. EMTs initially feared she had broken her neck and had to cut the roof off her car. Transport to Reston Hospital revealed no broken neck.

Within a few days after the wreck, the plaintiffs and others noticed TBI symptoms, including problems with balance, memory, dizziness. The defense contended that the Reston visit revealed no head trauma, much less a brain injury.

Four years later, the plaintiff has significant cognitive, physical and emotional impairments as a result of the wreck, including problems with multi-tasking, distractibility in a noisy environment, impaired balance, cognitive fatigue and verbal memory. The defense argued that she had suffered no brain injury, as evidenced by neuropsych test scores largely in the average, high average and superior range and no loss of consciousness.

The defense argued alternatively that she had problems stemming from two previous car accidents, in one of which she had lost consciousness for five minutes. However, after the two prior accidents, the plaintiff had taken the GMAT and scored in the 84th percentile, started and completed a Masters degree with a 3.8 GPA, and become a rising star in her architectural firm.

The plaintiff called a series of expert witnesses and relied upon several excellent lay witnesses who knew her before and after the wreck and who eloquently described the changes they saw in her. Strong lay witness testimony in these cases is crucial.

Diane Wiley provided excellent assistance with jury selection, and Allen Shinder helped create demonstrative exhibits that proved invaluable in opening statement and closing argument. The verdict has been paid.

[02-T-112]