Plaintiff Claims Head-On Crash Resulted In Brain Injury
On May 25, 2003 in Bradenton, plaintiff Jesse Hall, 50s, a handyman, was driving his pickup truck when an sedan driven by Shirley Berger made a left, colliding with Hall’s truck head on. The impact of the accident caused Hall’s truck to slam into a concrete culvert. Both parties had green lights and were on opposite sides of the road. Hall sued Berger for negligent operation of a motor vehicle.Defense counsel admitted liability and the trial was held on damages only.
Richard Swope, plaintiff’s expert in accident reconstruction testified about the severity of the car accident. According to Swope the impact was equivalent to Hall’s truck being tossed off of a three-story building. The severity of the accident was compounded when Hall’s truck slammed into a concrete culvert, thus stopping the car dead.
Hall did not initially seek out medical treatment after the accident. Plaintiff’s counsel stated that the reason for this was that Hall suffered damage to his frontal lobe. Friends and family observed Hall behaving strangely and took him to a doctor. Among the strange behaviors Hall exhibited were inappropriate emotions such as laughing during a somber moment and crying during happy times. A positron emission tomograghy scan (PET) was performed to ascertain any brain damage.
Hall sustained numerous injuries to his spine and neck, requiring four surgeries, with two additional surgeries likely needed, stated plaintiff’s counsel. Among the surgeries Hall underwent were a five-level lumbar decompression surgery, and an arthroscopic shoulder surgery to repair a torn labrum on his left shoulder. Hall also underwent a Mumford procedure.
Hall is also under conservative treatment for TMJ. Plaintiff’s counsel stated that Hall incurred about $254,000 in past medical bills and faces between $670,000 and $850,000 in future medical costs.
Today Hall is unable to work, according to his attorneys. Hall had previously worked as a handyman. Plaintiff’s counsel claimed Hall lost $300,000 in past and future wages. Hall lives at his parent’s home today and is undergoing therapy for his brain injuries.
Defense counsel based their case on the three-month gap between the accident and when Hall sought treatment for his injuries. Testimony was offered, which demonstrated that Hall was moving about at the accident scene and stating that he was fine.
Defense counsel offered expert testimony of an orthopedic expert who opined that based on hall’s injuries he should not have been able to walk about freely. Testimony was also offered, which demonstrated that Hall had resumed some of his job duties subsequent to the accident.
Plaintiff’s counsel countered that the brain injury caused Hall to be unable to reason and process the pain of the injury. Plaintiff’s counsel pointed to literature from both the Centers for Disease Control and Prevention and the National Institute of Health, which agreed with his contention. Plaintiff’s counsel pointed out that the defendant could point to no other major trauma Hall was involved in, prior to seeking medical treatment. Hall also was not heavily involved in projects and often contracted out the work, according to plaintiff’s counsel.
The jury awarded Hall a total of $6,515,524 in damages. These damages included past and future lost wages, medical bills and pain and suffering. According to plaintiff attorney Kevin Woods this is one of the largest verdicts in Manatee County history.