Man Claims Rear-End Car Accident Causes Brain Injury

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

INJURIES: Vernon was taken by ambulance from the scene of the accident to the emergency room. He claimed he suffered a mild traumatic brain injury, as a result of hitting his head on the “B” pillar of his truck during impact. He also claimed ongoing, soft-tissue injuries to his lower back.


On March 17, 2009, plaintiff James Vernon, 39, a landscape/construction business owner, was driving his pick-up truck south in Sacramento, CA. At approximately 8 a.m., Vernon was rear-ended by a van operated by Jim Armen, who traveling approximately 25 mph, as Vernon, driving 5 mph, was slowing to make a left turn into a driveway. Vernon claimed injuries to his head/brain and back.

Vernon sued ABC Nursery, Armen’ employer, and Val Germain, the owner of the nursery. Vernon alleged the defendants were vicariously liable for Armen’ vehicular negligence since he was in the course and scope of his employment at the time of the accident. Vernon claimed that Armen was inattentive to traffic, causing the accident and his personal injuries.

The defendants admitted liability on the eve of trial, and the matter proceeded to a trial on causation and damages.

Vernon’s X-rays and a brain MRI were negative, although he underwent a PET scan which allegedly showed a brain injury.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Prior to trial, in the face of a motion in limine to preclude the admission of the results of a MEG (magnetoecephalogram) study, Vernon decided to refrain from offering the MEG into evidence.

Vernon claimed he suffers from chronic headaches, forgetfulness, suicidal ideation and permanent cognitive defects as a result of the accident.

Vernon’s past medical costs were stipulated at $47,488, and he also asked the jury for more than $1.1 million in damages for future medical costs and more than $2.6 million for past and future pain and suffering.

The defendants disputed the causation and scope of Vernon’s claimed damages. They argued that all X-rays and an MRI of Vernon’s brain were negative, and that his orthopedic injuries were not severe.

RESULT: Verdict-Plaintiff
Award Total: $179,488

The jury awarded Vernon $179,488 in damages for past and future medical costs and pain and suffering.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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