Driver recovers $4.5M for concussion years after rear-end crash on highway ramp

A driver who suffered shoulder pain and a concussion when he was rear-ended by a tractor-trailer reached a $4.5 million settlement, according to his lawyers.

Attorneys Kirk Presley, Matthew McCoy, Annette Griggs and Aaron House represented the plaintiff, who was injured in 2016 when the truck failed to stop while exiting a Missouri highway. Although the tractor-trailer’s speed was estimated at less than 10 miles per hour during the collision, the plaintiff’s pickup truck was totaled with moderate damage.

Immediately following the collision, the plaintiff complained of shoulder pain and was treated by a chiropractor. A later MRI revealed a labral tear, so he underwent a left shoulder arthroscopy and labral repair. When the pain continued, the plaintiff underwent a shoulder manipulation and arthroscopy with capsular release, and later a left total shoulder replacement.

While the initial results were promising, the plaintiff suffered several setbacks during rehabilitation. A left shoulder arthroscopy with arthroscopic debridement and a left shoulder revision were later performed.

The plaintiff had noted multiple concussion symptoms to his chiropractor after the crash, including headaches, dizziness and nausea, though it was never clear whether he suffered a loss of consciousness. He was diagnosed with a mild concussion and post-concussive disorder by a neurologist more than two years after the crash, with symptoms that included PTSD, anxiety, depression, noise sensitivity, light sensitivity, sleep issues, memory issues, cognitive issues, concentration issues, vision issues requiring prism lenses, growth hormone deficiency and REM sleep behavior disorder.

The plaintiff’s experts opined that the REM sleep behavior diagnosis indicated that he was at an increased risk for the development of a Parkinsonism-type disease within 10 to 15 years. Diffusion tensor imaging revealed multiple lesions and helped confirm the mild concussion diagnosis. The expert ruled out the plaintiff’s poorly controlled diabetes history as the cause of his symptoms.

The plaintiff’s injuries are permanent, and he was unable to maintain employment as a safety manager for another trucking firm because of his injuries. His damages included past and future medical bills, lost wages, and pain and suffering. His wife also had a claim for loss of consortium.

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Motor vehicle collision

Venue: Confidential Missouri court

Case Number/Date: Confidential/June 22, 2022

Caption: Confidential

Plaintiffs’ Attorneys: Kirk Presley and Matthew McCoy, Presley & Presley, Kansas City; Annette Griggs, Griggs Injury Law, Kansas City; Aaron M. House, House Law, Kansas City

Defendants’ Attorneys: Confidential