Motorcyclist T-Boned by Van and Sustains Neck Injuries

Synopsis

Plaintiff Motorcycle Rider was traveling down a residential street when a van making a delivery was unable to stop at the stop sign because of a brake failure. Plaintiff hit the side of the defendant's van and was ejected over the handlebars head first into the side of the van.

Plaintiff Allegations

The plaintiff sued the owner of the van, a transport company. He alleged that the van's driver was negligent in the operation of the vehicle and that the transport company was vicariously liable for the driver's actions.

Defendant Allegations

Defendant disputed the diagnosis of mild Traumatic Brain Injury (mTBI) and asserted there was no loss of consciousness. Defendants' experts claimed there was no residual effect of any concussion he may have suffered and disputed the extent of future medical treatment claimed by plaintiff.

Injuries/Damages

Plaintiff sustained injuries to his left shoulder, left knee, neck and head. The left shoulder, left knee and neck pain and symptoms resolved within a few months of the collision. As a result of the head trauma, plaintiff suffered a mTBI. Following the impact, plaintiff developed a seizure disorder that was controlled by medication. He was able to return to normal activities of daily living, including the ability to drive.

Plaintiff incurred approximately $50,000 in past medical bills. It was anticipated that plaintiff would incur future medical bills in the range of $450,000 to $650,000 for the treatment of his mTBI and seizure disorder. There was no claim for past or future wage loss.

Result

The case settled at mediation for $1.5 million with no admission of liability and subject to a confidentiality agreement.