Case Type: Vehicle Collision, TBI
Action: Settlement $1.93 million
Date: Dec. 23, 2024
Injuries alleged: Traumatic brain injury, T1 and T3 burst fractures with damage to all three vertebral columns; C7 and C12 fractures; C2 to T6 posterior fusion; degloving of the right hand with pinky finger mangled and tendon exposed with subsequent loss of right pinky; and wounds and lacerations to the scalp.
Summary: The plaintiff, a retired woman, was the passenger in a Corvette drive by her husband when a tractor trailer made an improper lane change and collided with the sports car. The impact threw the Corvette into the air and caused it to spin out of control and roll multiple times before it came to rest upside down in a ditch alongside the interstate with the plaintiff trapped inside.
The plaintiff suffered a traumatic brain injury and vertebrae fractures, and almost all of the skin was stripped from her forearm and right hand. She was airlifted to the nearest hospital.
In this lawsuit, the plaintiff claimed significant physical injuries, emotional trauma and permanent disfigurement, negligence and negligent hiring by the defendant trucking company and defendant truck driver’s negligence.
The defendants disputed liability and alleged contributory negligence by the plaintiff’s husband for his driving of the Corvette.
Despite the defendants’ requests to mediate the case before the lawsuit was filed, the plaintiff declined. Through discovery, her counsel obtained evidence that the company knew the driver was at fault for the collision yet claimed that he was not.
The parties engaged in settlement discussions, and the plaintiff were able to secure the remaining liability coverage under the company’s insurance policy, money contributed from the company itself, and the plaintiff’s underinsured/uninsured motorist coverage. The plaintiff thoroughly vetted all potential claims of broker liability, but any such claim was not viable.