Jury Rejects Teenager’s Claim of Permanent Brain Injury
Lee Weatherly defended an admittedly at fault driver who crashed into the rear of a vehicle occupied by a chiropractor and his twelve year old daughter. Both Plaintiffs lost consciousness in the accident and, in addition to both Plaintiffs suffering from significant neck and back injuries, the chiropractor broke his wrist. The father claimed permanent impairment of his wrist from the fracture. His daughter claimed that the traumatic brain injury that she suffered in the collision caused her have permanent defects in working memory and attention, requiring lifelong prescription medications. Both Plaintiffs had received $100,000 before trial from the Defendant’s underlying liability insurance carrier and were seeking an additional $400,000 in Underinsured Motorist Coverage at trial. Lee contested the cause of Plaintiffs’ current cognitive defects and showed that the daughter’s working memory and attention problems were more likely a result of previously undiagnosed ADD instead of the traumatic brain injury suffered in the accident. The jury returned an award under the previously paid liability limits for both Plaintiffs and UIM carrier was required to pay no additional money.