Confidential settlement grants plaintiff past, future medical expenses

Chloe Murdock, Special to Missouri Lawyers Media//October 19, 2021//

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A plaintiff settled for $1.8 million after a defendant was caught on video losing control of his vehicle and struck the plaintiff, a pedestrian on a sidewalk.

The plaintiff was sent to the emergency room and diagnosed with a concussion, but did not require surgery. He also experienced neck, back, shoulder and knee injuries. Concussion symptoms continued, and the plaintiff underwent cognitive therapy, vestibular therapy, speech therapy, and physical therapy. He was diagnosed with permanent post-concussion syndrome and mild neurocognitive disorder. He suffered depression, anxiety, cognitive delays, chronic headaches/migraines, fatigue and vision changes.

The plaintiff’s neck pain and limitations also persisted. He later received epidural steroid injections and facet injections. The plaintiff continued to work, though his ability to work was impacted by his injuries.

Before the lawsuit, the plaintiff attempted to settle the case for the defendant’s policy limit of $25,000, but the defendant’s insurer requested a global release. The parties could not agree on release terms and the plaintiff sued as a result, with trial scheduled for December 2021. The defendant claimed that the parties reached a settlement, but the court granted partial summary judgment on the issue in the plaintiff’s favor.

The insurer lifted its policy limits, and the case settled for $1.8 million.

$1.8 million SETTLEMENT (OUT OF STATE)

PERSONAL INJURY

Venue: Johnson County District Court (KS)

Case Number/Date: Confidential

Plaintiffs’ Experts: Cori Ingram, Life Care Planning (Kansas); Jacqueline Crawford-Apperson, Vocational (Springfield, Missouri); Dr. David Dyck, concussion specialist and treating physician; Dr. Terri Price, treating neuroppsychologist; Dr. Atef Israel, treating physician for pain management; Dr. Robert Reddig, treating physician and neuropsychologist; Dr. Michael Copeland, treating physician and neuropsychologist; Dr. David Littlefield, treating vision specialist; Christopher Cobb LCPC, treating physician and licensed professional counsel; Matthew Daggett, treating physician of orthopedic surgery.

Defendants’ Experts: Dr. Richard Dubinsky, neurologist (Kansas); Dr. Patrick Caffrey, neuropsychologist (Kansas City, Missouri); Dawn Cook, Life Care Planning (Nevada)

Injuries: Alleged head, brain, neck, spine, back, shoulder, arm, wrist, elbow, hand, leg, knee, ankle and foot injuries.

Special Damages: $31,392.91 of past paid medical expenses. Plaintiff’s life-care plan had a range of $1,446,322 to $2,069,425. Defendant’s life-care plan was for $34,801.60 in future medical expenses. Plaintiff claimed future lost income of $225,000 to $1,278,000.

Insurer: Confidential

Caption: Confidential

Plaintiffs’ Attorneys: Matt Swift and Michael Pospisil of Pospisil Swift (Kansas City, Missouri)

Defendants’ Attorneys: Confidential