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Home / Verdicts & Settlements / Passenger in T-bone crash suffers mild TBI, memory loss – $65,000 Verdict

Passenger in T-bone crash suffers mild TBI, memory loss – $65,000 Verdict

Plaintiff was the front-seat passen­ger in her husband’s Toyota sedan, which was T-boned by a ve­hicle going 60 MPH. The plaintiff said 40-45 MPH, but an in­dependent witness said 60. Plaintiff was ambulatory after the crash, but later de­veloped dizziness, severe headaches, and cognitive difficulties. Two ER visits and one PCP visit were made the first week, which included 2 MRI/CT scans of the brain, to rule out a slow bleed. PT was completed within three months and plaintiff was told to return PRN – but never did since no treatments for a mild TBI exist. Plaintiff compensates for memory issues by using journals and sticky notes. Plaintiff ’s lab director (for a lab that makes life or death deci­sions for organ donations) testified that plaintiff worked with the director three days before the trial and that plaintiff was still not back to her pre-crash per­formance. Plaintiff’s husband told of her forgetting that he had gotten her a present upon returning from a trip.

Jury deliberated for an hour and a half.



Type of action: Personal injury
Injuries alleged: Cervical soft tissue, contusions to left calf, hip and mild traumatic brain injury with 3+ years sequellae.
Name of case: McCann v. Michaels
Court: Chesterfield County Circuit Court
Case no.: CL15-835
Tried before: Jury
Name of judge: Hon. Timothy Hauler
Date resolved: April 18, 2016
Special damages: Medical specials of $22,123.14 and lost wages of $4,484.62
Demand: $55,000.00
Offer: $45,000.00
Verdict or settlement: Verdict
Amount: $65,000.00
Attorney for plaintiff: Mark S. Paullin, Richmond
Attorney for defendant: Temple Cabell, Richmond
Plaintiff’s experts: Dr. William Walker (Neurologist, MCV) and Dr. Thomas Epperson, Jr. (MCV Nelson Family Clinic)
Defendant’s experts: None
Insurance carrier: Allstate (primary $50,000 limits) and Erie (UM $100,000 limits)

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