Reported in the Lawyers Weekly
In this case, the plaintiff alleged that he was injured while shopping at the defendant's store. Witnesses on the scene at the time of the accident reported that a piece of plywood was blown from its stack, and subsequently struck the plaintiff in the head. In turn, he was knocked to the ground, and may have lost consciousness. The plaintiff recalled some of the ambulance drive to the hospital as well as the testing that followed. A CT scan and x-rays came back normal. From there, the plaintiff was urged to see an orthopedist that put him on six weeks of therapy. This therapy was meant to treat the pain of the head and neck. After six weeks the plaintiff had showed results, and commenced therapy.
While in therapy, the plaintiff also saw a neurosurgeon. The doctor noted that the he was suffering from muscle spasms as well as a reduced range of motion in the neck area. In addition, the neurosurgeon also noted that the plaintiff was complaining of cognitive dysfunction.
Almost five months after consulting with the neurosurgeon, the plaintiff decided to see a neuropsychologist. This doctor recommended a program to control the pain, but the plaintiff never followed through with this.
Further follow up tests and examinations showed a bit of improvement which made it difficult to pinpoint the problems. Even though it was obvious that the defendant was liable, it was hard to distinguish between injuries from the accident and the aging process of the elderly plaintiff. Luckily for the plaintiff, medical records for the 10 years prior to the incident showed no cognitive problems. The case settled for $170,000.00 before trial.
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